- Introduced -

SB 1264 - This act establishes rules relating to the taking of land subject to the Farmland Protection Act by eminent domain.

The act also:

(1) Requires the condemning entity to declare the exact location of the property desired and the specific intended use of the property;

(2) Prohibits the condemning entity from using the property for any purpose other than its original intended purpose;

(3) Prohibits the condemning entity from transferring the property to another entity;

(4) Gives the property owner the right to buy back any condemned property that the condemning entity does not use for 10 years;

(5) Requires the condemning entity to pay for all costs of litigation; and

(6) Establishes a method by which the court must appoint commissioners for condemnation proceedings.

The condemning entity will select a commissioner, the landowner will select a commissioner, and the two parties must agree on an independent appraiser to serve as the third commissioner. If they cannot agree on a third commissioner, the court will appoint one.

Parts of this act are similar to HB 1085 (2004).

RICHARD MOORE