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2018 SESSION

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SB 278 Eminent domain proceedings; distribution of funds to owner or owner's attorney.

Introduced by: J. Chapman Petersen | all patrons    ...    notes | add to my profiles | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

Eminent domain proceedings; payment of funds to owner or attorney. Requires that any funds due to the owner, whether such funds are in the possession of the court or are outstanding, shall be payable to the owner or, with consent of the owner, to the owner's attorney within 30 days of a settlement or final determination in an eminent domain proceeding. The bill further provides that the payment provision does not alter the priority of liens or any obligation to satisfy or release any outstanding liens on the property or the funds.

SUMMARY AS PASSED:

Eminent domain proceedings; payment of funds to attorney of owner. Requires that any funds due to the owner, whether such funds are in the possession of the court or are outstanding, shall be payable to the owner's attorney or, if no such attorney exists, to the owner, within 30 days of a settlement or final determination in an eminent domain proceeding.

SUMMARY AS PASSED SENATE:

Eminent domain proceedings; payment of funds. Requires that any funds due to the landowner, whether such funds are in the possession of the court or are outstanding, shall be payable to the landowner or to the landowner's attorney, if such landowner is represented by counsel, within 30 days of a settlement or final determination in an eminent domain proceeding.

SUMMARY AS INTRODUCED:

Eminent domain proceedings; prompt payment of funds. Requires, upon final settlement or determination in an eminent domain proceeding, that any funds due to the land owner, whether such funds are in the possession of the court or are outstanding, shall be payable promptly to the land owner or to the land owner's attorney, if such land owner is represented by counsel.