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- Subject Index: Since 1995
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2022 SESSION
SB 694 Eminent domain; various changes to the laws pertaining to condemnation procedures.
Introduced by: Mark D. Obenshain | all patrons ... notes | add to my profiles
SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION: (all summaries)
Eminent domain. Makes various changes to the laws pertaining to condemnation procedures, including (i) providing that localities shall not condition or delay the timely advancement or approval of any application for or grant of any permit or other approval for real property for the purpose of allowing the condemnation or acquisition of the property; (ii) redefining "lost access" for the purposes of determining just compensation (iii) requiring a condemnor to provide the property owner with a copy of its title report and all recorded instruments found in the title examination; (iv) requiring the clerk of the court, when funds are paid into the court during a condemnation proceeding, to deposit such funds into an interest-bearing account; (v) requiring the court to order the condemnor to reimburse the property owner for the reasonable costs and fees, not to exceed $7,500, for a survey (under current law, this amount is capped at $1,000); (vi) requiring temporary construction easements to have an expiration date included in the recorded certificate and requiring condemnors to record a certificate of completion within 90 days upon completion of construction of any public use project for which a portion of private property was taken; (vii) requiring that a condemnor that has been sued for just compensation pursuant to a "quick-take" condemnation procedure to reimburse the property owner for his fees and costs incurred in filing the petition; and (viii) permitting the owner of property that the Commissioner of Highways has taken to petition the circuit court for the appointment of commissioners or the empanelment of a jury to determine just compensation under certain circumstances and requiring the Commissioner of Highways to reimburse the owner for his fees and costs incurred in filing the petition.
FULL TEXT
- 01/20/22 Senate: Presented and ordered printed 22104443D pdf
- 02/02/22 Senate: Committee substitute printed 22105602D-S1 pdf | impact statement
- 03/02/22 House: Committee substitute printed 22106877D-H1 pdf | impact statement
- 03/11/22 Senate: Conference substitute printed 22107846D-S2 pdf
- 03/21/22 Senate: Bill text as passed Senate and House (SB694ER) pdf | impact statement
- 04/27/22 Senate: Reenrolled bill text (SB694ER2) pdf
- 04/27/22 Governor: Acts of Assembly Chapter text (CHAP0735) pdf
AMENDMENTS
- House subcommittee amendments and substitutes offered
- House subcommittee amendments and substitutes adopted
- Senate committee, floor amendments and substitutes offered
- Conference amendments
- Governor's recommendation
HISTORY
- 01/20/22 Senate: Presented and ordered printed 22104443D
- 01/20/22 Senate: Referred to Committee on the Judiciary
- 01/27/22 Senate: Assigned Judiciary sub: Civil Law
- 02/02/22 Senate: Reported from Judiciary with substitute (15-Y 0-N)
- 02/02/22 Senate: Committee substitute printed 22105602D-S1
- 02/04/22 Senate: Constitutional reading dispensed (35-Y 0-N)
- 02/07/22 Senate: Read second time
- 02/07/22 Senate: Reading of substitute waived
- 02/07/22 Senate: Committee substitute agreed to 22105602D-S1
- 02/07/22 Senate: Engrossed by Senate - committee substitute SB694S1
- 02/08/22 Senate: Passed by for the day
- 02/09/22 Senate: Read third time and passed Senate (37-Y 0-N 1-A)
- 02/09/22 Senate: Reconsideration of passage agreed to by Senate (37-Y 0-N)
- 02/09/22 Senate: Passed Senate (38-Y 0-N)
- 02/23/22 House: Placed on Calendar
- 02/23/22 House: Read first time
- 02/23/22 House: Referred to Committee for Courts of Justice
- 02/25/22 House: Assigned Courts sub: Subcommittee #2
- 02/28/22 House: Subcommittee recommends reporting with substitute (4-Y 3-N)
- 03/02/22 House: Reported from Courts of Justice with substitute (11-Y 9-N)
- 03/02/22 House: Committee substitute printed 22106877D-H1
- 03/04/22 House: Read second time
- 03/07/22 House: Read third time
- 03/07/22 House: Committee substitute agreed to 22106877D-H1
- 03/07/22 House: Engrossed by House - committee substitute SB694H1
- 03/07/22 House: Passed House with substitute (52-Y 46-N)
- 03/07/22 House: VOTE: Passage (52-Y 46-N)
- 03/08/22 Senate: House substitute rejected by Senate (18-Y 20-N)
- 03/09/22 House: House insisted on substitute
- 03/09/22 House: House requested conference committee
- 03/10/22 Senate: Senate acceded to request (40-Y 0-N)
- 03/10/22 Senate: Conferees appointed by Senate
- 03/10/22 Senate: Senators: Obenshain, Petersen, McClellan
- 03/10/22 House: Conferees appointed by House
- 03/10/22 House: Delegates: Bell, Coyner, Clarke
- 03/11/22 Conference: Amended by conference committee
- 03/11/22 Senate: Conference substitute printed 22107846D-S2
- 03/11/22 Senate: Conference report agreed to by Senate (32-Y 8-N)
- 03/11/22 House: Conference report agreed to by House (63-Y 34-N)
- 03/11/22 House: VOTE: Adoption (63-Y 34-N)
- 03/21/22 Senate: Enrolled
- 03/21/22 Senate: Bill text as passed Senate and House (SB694ER)
- 03/21/22 Senate: Signed by President
- 03/22/22 House: Signed by Speaker
- 03/22/22 Senate: Enrolled Bill Communicated to Governor on March 22, 2022
- 03/22/22 Governor: Governor's Action Deadline 11:59 p.m., April 11, 2022
- 04/11/22 Senate: Governor's recommendation received by Senate
- 04/22/22 House: VOTE: Adoption (57-Y 41-N)
- 04/27/22 Senate: Senate concurred in Governor's recommendation (40-Y 0-N)
- 04/27/22 House: House concurred in Governor's recommendation (57-Y 41-N)
- 04/27/22 Governor: Governor's recommendation adopted
- 04/27/22 Senate: Reenrolled
- 04/27/22 Senate: Reenrolled bill text (SB694ER2)
- 04/27/22 Senate: Signed by President as reenrolled
- 04/27/22 House: Signed by Speaker as reenrolled
- 04/27/22 House: Enacted, Chapter 735 (effective 7/1/22)
- 04/27/22 Governor: Acts of Assembly Chapter text (CHAP0735)