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- Subject Index: Since 1995
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2005 SESSION
HB 1821 Eminent domain; procedure for acquisition of property by State.
Introduced by: Terrie L. Suit | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Eminent domain; acquisition of property. Modifies the provisions associated with acquisitions under eminent domain by (i) requiring that a state agency's acquisition of real property be conducted in accordance with provisions that are only precatory under current law, including that the state agency establish an initial amount that is no less than the agency's approved appraisal of the fair market value of the property and that no owner can be required to surrender possession until the state agency pays the agreed purchase price or deposits funds with the court, and (ii) providing that if an owner is awarded at trial as compensation for the taking of or damage to property an amount that is 30 percent or more greater than the amount of the petitioner's written offer, the court may award the owner reasonable appraisal and engineering fees, and reasonable fees and travel costs for up to three expert witnesses testifying at trial. The cost award provisions do not apply to cases involving easements valued at less than $10,000 or to cases in which a petition in condemnation or certificate of take or deposit was filed prior to July 1, 2005.
FULL TEXT
- 01/05/05 House: Prefiled & ordered printed; offered 01/12/05 054173520 pdf | impact statements
- 02/05/05 House: Committee substitute printed 055532148-H1 pdf
- 02/22/05 Senate: Committee substitute printed 050619520-S1 pdf
- 03/07/05 House: Bill text as passed House and Senate (HB1821ER) pdf | impact statement
- 04/05/05 Governor: Acts of Assembly Chapter text (CHAP0878) pdf
HISTORY
- 01/05/05 House: Prefiled & ordered printed; offered 01/12/05 054173520
- 01/05/05 House: Referred to Committee for Courts of Justice
- 01/14/05 House: Assigned to C. J. sub-committee: Civil Law
- 02/04/05 House: Reported from C. J. with substitute (18-Y 1-N)
- 02/05/05 House: Committee substitute printed 055532148-H1
- 02/05/05 House: Read first time
- 02/07/05 House: Read second time
- 02/07/05 House: Committee substitute agreed to 055532148-H1
- 02/07/05 House: Engrossed by House - committee substitute HB1821H1
- 02/08/05 House: Read third time and passed House (96-Y 1-N 1-A)
- 02/08/05 House: VOTE: PASSAGE (96-Y 1-N 1-A)
- 02/08/05 House: Communicated to Senate
- 02/09/05 Senate: Constitutional reading dispensed
- 02/09/05 Senate: Referred to Committee for Courts of Justice
- 02/14/05 Senate: Assigned to C. J. sub-committee: Eminent Domain
- 02/21/05 Senate: Reported from Courts of Justice w/sub (14-Y 0-N)
- 02/22/05 Senate: Committee substitute printed 050619520-S1
- 02/22/05 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/22/05 Senate: VOTE: (40-Y 0-N)
- 02/23/05 Senate: Read third time
- 02/23/05 Senate: Reading of substitute waived
- 02/23/05 Senate: Committee substitute agreed to 050619520-S1
- 02/23/05 Senate: Engrossed by Senate - committee substitute HB1821S1
- 02/23/05 Senate: Passed Senate with substitute (38-Y 0-N)
- 02/23/05 Senate: VOTE: PASSAGE R (38-Y 0-N)
- 02/23/05 House: Placed on Calendar
- 02/24/05 House: Senate substitute agreed to by House (97-Y 0-N 1-A)
- 02/24/05 House: VOTE: ADOPTION (97-Y 0-N 1-A)
- 03/07/05 House: Bill text as passed House and Senate (HB1821ER)
- 03/09/05 House: Enrolled
- 03/09/05 House: Signed by Speaker
- 03/11/05 Senate: Signed by President
- 03/28/05 Governor: Approved by Governor-Chapter 878 (effective 7/1/05)
- 04/05/05 Governor: Acts of Assembly Chapter text (CHAP0878)