Establish a pre-condemnation process and to require reclamation and restoration of property damaged by condemnation.
Impact
The bill is designed to strengthen the property rights of individuals against the government's power of eminent domain by requiring compliance with a detailed pre-condemnation negotiation process. The inclusion of mandatory appraisals means that property owners are less likely to be offered unfair compensation and have a pathway to contest low initial offers. This legislative change could result in a more balanced power dynamic between condemning authorities and property owners, thereby upholding property rights more robustly.
Summary
House Bill 1246 establishes a pre-condemnation process that requires condemning authorities (condemnors) to engage in good faith negotiations with property owners (condignees) before initiating the formal condemnation process. This bill mandates that the condemnor must conduct an appraisal of the property in question and can only offer the condemnee at least the appraised value during negotiations. Furthermore, condemnees are entitled to be part of the appraisal process, ensuring transparency surrounding the valuation of their property.
Contention
Debates surrounding HB 1246 may center on the implications of these new requirements for government projects, especially in regard to time and costs associated with negotiations and appraisals. Critics may argue that while the bill provides important protections for property owners, it could introduce delays in vital public projects that require land acquisition. Additionally, concerns about the impact on current real estate projects and public utilities that rely on quick land access may stir contention among lawmakers and affected stakeholders.
In general provisions, further providing for definitions; in procedure to condemn, providing for advanced notice to condemnee, further providing for notice to condemnee and for preliminary objections and providing for determination of last resort; in procedure for determining damages, further providing for liens and distribution of damages; in just compensation and measure of damages, further providing for measure of damages and providing for compensation for loss of goodwill of business or farm operation; and, in evidence, providing for proof of continuous ownership.
Prohibits condemnation of farmland actively supporting agricultural or horticultural production for purpose other than agricultural or horticultural production.
Prohibits condemnation of farmland actively supporting agricultural or horticultural production for purpose other than agricultural or horticultural production.
In procedure to condemn, providing for advance notice to condemnee; in just compensation and measure of damages, further providing for measure of damages, for contiguous tracts and unity of use, for limited reimbursement of appraisal, attorney and engineering fees and for delay compensation; and, in special damages for displacement, further providing for moving and related expenses of displaced persons.