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ID S1054

Bill

Status

Introduced

2/8/2017

Primary Sponsor

Transportation Committee

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Origin

Senate

2017 Regular Session

AI Summary

  • Establishes minimum property damage compensation as the greater of assessed property tax value or plaintiff's highest prelitigation appraisal, unless court finds substantial property alterations.

  • Excludes value increases or decreases attributable to the condemnation project, the proceeding itself, or preliminary government actions from damage assessments.

  • Requires business owners claiming damages to submit written claims within 90 days of service of summons, prepared by owner, certified public accountant, or business damage expert, with supporting business records from the preceding 5 years.

  • Allows courts to strike business damage claims if not submitted within 90 days without good faith justification or agreed extension, and prohibits challenging plaintiff's good faith at possession hearings if no prior notice of intent to claim damages was given.

  • Adds compensation provision for damages to agricultural property caused by farming around electrical transmission line structures exceeding 230 kilovolts, including cumulative effects from multiple transmission line structures in the same field.

Legislative Description

Amends existing law to revise procedures and factors regarding the assessment of damage in eminent domain proceedings.

EMINENT DOMAIN

Last Action

Reported Printed; referred to Transportation

2/9/2017

Committee Referrals

Transportation2/9/2017
Judiciary and Rules2/8/2017

Full Bill Text

No bill text available