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ID H0303

Bill

Status

Engrossed

3/26/2015

Primary Sponsor

Ways and Means Committee

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

  • Prohibits eminent domain use to acquire private property for alleged public uses that are merely pretexts for transferring property to private parties or for economic development purposes.

  • Restricts eminent domain within housing authority areas, urban renewal areas, deteriorated areas, and competitively disadvantaged border community areas unless property meets all three conditions: endangers life or property due to dilapidation or failed systems; contains identifiable conditions posing actual risk to human health, disease transmission, juvenile delinquency, or criminal activity; and presents actual risk of harm to public health, safety, morals, or general welfare.

  • Requires clear and convincing evidence including an expert assessment by an independent architect, engineer, or qualified third party to verify the three required conditions are met.

  • Mandates notification of the property owner or claimant of the expert assessment and provides a 90-day period to cure the property's condition before any condemnation proceeding commences.

  • Makes the governmental entity's rationale for condemnation freely reviewable in judicial proceedings and declares the act effective immediately upon passage and approval.

Legislative Description

Amends existing law to require certain evidence in cases in which eminent domain is intended to be exercised for specific purposes.

EMINENT DOMAIN

Last Action

Introduced, read first time; referred to: Local Government & Taxation

3/27/2015

Committee Referrals

Local Government3/23/2015

Full Bill Text

No bill text available