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2004 SESSION

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HB 820 Eminent domain; condemnation of lands within adopted conservation or redevelopment plans.

Introduced by: Thelma Drake | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Condemnation of lands within adopted conservation or redevelopment plans. Provides that after the adoption of a conservation or redevelopment plan, should any property located within the area of the conservation or redevelopment plan be downzoned without the expressed consent of the property owner, and should the locality initiate condemnation proceedings against that owner after any such downzoning, the date of valuation shall be the date of adoption of the conservation or redevelopment plan.

If the property located within a conservation or redevelopment plan was downzoned without the expressed consent of the property owner within a period of five years prior to the adoption of the conservation or redevelopment plan, and if such downzoning was not part of a comprehensive rezoning of the locality, then, if the locality should initiate condemnation proceedings within five years after the adoption of the conservation or redevelopment plan against the same owner who owned the property at the time of the downzoning, the date of valuation shall be the day before the date the property was downzoned.

SUMMARY AS INTRODUCED:

Rezoning of property that is subject to condemnation proceedings. Provides that once condemnation proceedings have been initiated by a locality, a locality shall not rezone the subject property without the consent of the property owner. If the subject property has been the object of a downzoning, without the consent of the property owner, within the five years previous to the initiation of the condemnation proceeding, the value of the subject property, for purposes of determining just compensation, shall be based on the previous zoning designation.