State Representative Joe Carr says that HB1576, the Fair Valuation For Eminent Domain, passed this week. It will now move to the Finance Ways and Means Committee next week.
Currently a property owner who has their property seized via eminent domain has a long and potentially very expensive court process to determine if the valuation offered by the city or county is fair market value. HB1576 gives the property owner the opportunity to a speedy and fair resolution to the question about what their property is worth under the "just compensation" clause of the U.S. Constitution. This bill if passed will be of particular help to those who need it most because of their inability to access the legal system either because they don't have the financial resources or because they do not have the time. Senior citizens, farmers and small businesses will be the beneficiaries if this bill is signed into law.
Current law authorizes cities and counties to condemn and take the property, buildings, privileges, rights, and easements of individuals and private corporations for any public purpose. Compensation for taking by a city or county is determined by a condemnation commission and approved by the legislative body of the municipality. The city and county make an offer based on their appraisal of the property's worth to the property owner.