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ID S1303

Bill

Status

Passed

3/26/2014

Primary Sponsor

Transportation Committee

Click for details

Origin

Senate

2014 Regular Session

AI Summary

  • Condemning authorities must provide property owners with an "Advice of Rights" form before beginning negotiations to acquire real property in fee simple, with failure to do so creating a presumption that any resulting sale was involuntary.

  • Form must be delivered via United States certified mail to the person shown in county assessor records or by hand delivery with written acknowledgment, with a second copy attached to any appraisal delivered to the owner.

  • Condemning authorities are prohibited from giving property owners a response deadline of less than 30 days to an initial offer, with violation rendering any action under the statute null and void.

  • Property owners retain rights to consult with appraisers and attorneys at their own expense, receive copies of appraisal reports upon request, and recover reasonable costs and attorney's fees if just compensation exceeds the condemning authority's last offer by 10% or more.

  • Form must summarize owner rights including entitlement to severance damages for diminution in remaining property value, damages assessment based on highest and best use, and court determination of damages if negotiations fail.

Legislative Description

Amends existing law to revise provisions relating to delivery of a form.

EMINENT DOMAIN

Last Action

Signed by Governor on 03/26/14 Session Law Chapter 268 Effective: 07/01/2014

3/26/2014

Committee Referrals

Transportation2/10/2014
Judiciary and Rules2/7/2014

Full Bill Text

No bill text available