SB 113-29: Eminent Domain Fairness Act (Passed)

[Mr. Reactionary]

 

EMINENT DOMAIN FAIRNESS ACT

1. Before the Atlasian government may take real property for public use through condemnation, such government shall make a good-faith offer to purchase the real property from the owner.

2. If a good-faith offer to purchase the real property from the owner is unsuccessful, the condemnation process shall proceed as follows:

A. Upon the filing of a petition for condemnation, the court having jurisdiction over the petition shall authorize a fair appraisal to be conducted of the property being condemned by a neutral appraiser at the expense of the condemnor. Such appraisal shall be presumptively fair and just compensation.

B. The condemnor shall deposit the amount determined by the appraisal to the court to be held in escrow pending the condemnation action.

C. If the valuation determined by the appraisal exceeds $25,000.00 the condemnee may request a jury trial as to just compensation.

D. If the real property being condemned is to be used for a road or utility project, does not require the removal of a building or grave or the displacement of a person residing upon such real property, and was not initially appraised as exceeding $1 Million, the condemnor may take control of the real property during the pendency of the case after fifteen (15) days subsequent to depositing the required escrow amount.

E. If the real property being condemned exceeds fifty percent (50%) of the total land area of a parcel or results in the diminution in value of a parcel exceeding fifty percent (50%), the condemnee may require the condemnor to purchase the entire parcel.

3. If during the thirty (30) year period subsequent to condemnation the real property ceases to be used by the public, the former owner shall have the right of first refusal to repurchase the real property at the same price as was paid by the condemnor and interest thereon.

4. Whenever it is determined in a declaratory judgment proceeding that a person's property has been taken or damaged within the meaning of the Atlasian constitution and compensation has not been paid or any action taken to determine the compensation within ninety (90) days following the entry of such declaratory judgment order or decree, the court which entered the order or decree may, upon motion of such person after reasonable notice to the adverse party, enter a further order appointing condemnation jurors to determine the compensation. During such proceedings:

A. The appointment of condemnation jurors and all proceedings thereafter shall be governed by the procedure prescribed for the condemning authority.

B. The date of valuation in actions pursuant to this section shall be the date determined by the court to be the date the property was taken or damaged.

5. This act shall take effect July 1, 2023.

Sponsor: Enduro
Debate on this bill is now open.

[Mr. Reactionary]

This adds best practices to the eminent domain process to emsure fairness to owners who have their property condemned.

[Mr. Reactionary]

I move for a final vote. 24 hours to object

[Mr. Reactionary]

A final vote is now open on this bill lasting until noon eastern on Wednesday (100 hours). Please vote, aye, nay, or abstain.


 

EMINENT DOMAIN FAIRNESS ACT

1. Before the Atlasian government may take real property for public use through condemnation, such government shall make a good-faith offer to purchase the real property from the owner.

2. If a good-faith offer to purchase the real property from the owner is unsuccessful, the condemnation process shall proceed as follows:

A. Upon the filing of a petition for condemnation, the court having jurisdiction over the petition shall authorize a fair appraisal to be conducted of the property being condemned by a neutral appraiser at the expense of the condemnor. Such appraisal shall be presumptively fair and just compensation.

B. The condemnor shall deposit the amount determined by the appraisal to the court to be held in escrow pending the condemnation action.

C. If the valuation determined by the appraisal exceeds $25,000.00 the condemnee may request a jury trial as to just compensation.

D. If the real property being condemned is to be used for a road or utility project, does not require the removal of a building or grave or the displacement of a person residing upon such real property, and was not initially appraised as exceeding $1 Million, the condemnor may take control of the real property during the pendency of the case after fifteen (15) days subsequent to depositing the required escrow amount.

E. If the real property being condemned exceeds fifty percent (50%) of the total land area of a parcel or results in the diminution in value of a parcel exceeding fifty percent (50%), the condemnee may require the condemnor to purchase the entire parcel.

3. If during the thirty (30) year period subsequent to condemnation the real property ceases to be used by the public, the former owner shall have the right of first refusal to repurchase the real property at the same price as was paid by the condemnor and interest thereon.

4. Whenever it is determined in a declaratory judgment proceeding that a person's property has been taken or damaged within the meaning of the Atlasian constitution and compensation has not been paid or any action taken to determine the compensation within ninety (90) days following the entry of such declaratory judgment order or decree, the court which entered the order or decree may, upon motion of such person after reasonable notice to the adverse party, enter a further order appointing condemnation jurors to determine the compensation. During such proceedings:

A. The appointment of condemnation jurors and all proceedings thereafter shall be governed by the procedure prescribed for the condemning authority.

B. The date of valuation in actions pursuant to this section shall be the date determined by the court to be the date the property was taken or damaged.

5. This act shall take effect July 1, 2023.

[Mr. Reactionary]

Aye

[Mr. Reactionary]

Passed 14-2-0-2.

[Mr. Reactionary]

EMINENT DOMAIN FAIRNESS ACT

1. Before the Atlasian government may take real property for public use through condemnation, such government shall make a good-faith offer to purchase the real property from the owner.

2. If a good-faith offer to purchase the real property from the owner is unsuccessful, the condemnation process shall proceed as follows:

A. Upon the filing of a petition for condemnation, the court having jurisdiction over the petition shall authorize a fair appraisal to be conducted of the property being condemned by a neutral appraiser at the expense of the condemnor. Such appraisal shall be presumptively fair and just compensation.

B. The condemnor shall deposit the amount determined by the appraisal to the court to be held in escrow pending the condemnation action.

C. If the valuation determined by the appraisal exceeds $25,000.00 the condemnee may request a jury trial as to just compensation.

D. If the real property being condemned is to be used for a road or utility project, does not require the removal of a building or grave or the displacement of a person residing upon such real property, and was not initially appraised as exceeding $1 Million, the condemnor may take control of the real property during the pendency of the case after fifteen (15) days subsequent to depositing the required escrow amount.

E. If the real property being condemned exceeds fifty percent (50%) of the total land area of a parcel or results in the diminution in value of a parcel exceeding fifty percent (50%), the condemnee may require the condemnor to purchase the entire parcel.

3. If during the thirty (30) year period subsequent to condemnation the real property ceases to be used by the public, the former owner shall have the right of first refusal to repurchase the real property at the same price as was paid by the condemnor and interest thereon.

4. Whenever it is determined in a declaratory judgment proceeding that a person's property has been taken or damaged within the meaning of the Atlasian constitution and compensation has not been paid or any action taken to determine the compensation within ninety (90) days following the entry of such declaratory judgment order or decree, the court which entered the order or decree may, upon motion of such person after reasonable notice to the adverse party, enter a further order appointing condemnation jurors to determine the compensation. During such proceedings:

A. The appointment of condemnation jurors and all proceedings thereafter shall be governed by the procedure prescribed for the condemning authority.

B. The date of valuation in actions pursuant to this section shall be the date determined by the court to be the date the property was taken or damaged.

5. This act shall take effect July 1, 2023.

Passed 14-2-0-2 in the Atlasian Senate assembled.

- R, PPT