SB 1171 Modifies the law relating to eminent domain and condemnation proceedings
Sponsor: Bray
LR Number: 5472S.01I Fiscal Note:
Committee: Pensions, Veterans' Affairs and General Laws
Last Action: 3/6/2006 - Second Read and Referred S Pensions, Veterans' Affairs and General Laws Committee Journal Page: S395
Title: Calendar Position:
Effective Date: August 28, 2006

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Current Bill Summary


SB 1171 - This act modifies the laws relating to eminent domain and condemnation proceedings.

SECTION 523.055

Currently, an owner must deliver condemned property within 10 days unless the court grants an extension of up to 90 days. This act allows the extension to be longer than 90 days if there are exigent circumstances.

SECTION 523.085

Any condemning entity shall be prohibited from using the power of eminent domain to take private property when the end use is private for-profit use or when condemnation shall result in the immediate or prompt transfer of such property to a private entity to be used for profit.

SECTION 523.085

When determining the assessment of damages, the condemnation commissioners may consider market alternatives or replacement costs, including but not limited to:

(1) Actual reasonable relocation expenses;

(2) The expense of replicating the use or function of the owner's personal property that cannot be relocated;

(3) The amount of direct losses of tangible property incurred by the owner as a result of relocating or discontinuing a business or farm;

(4) Actual reasonable expenses incurred by the owner in searching for a replacement business or farm;

(5) Actual reasonable expenses of the owner that were necessary for the owner to reestablish his or her displaced business or farm;

(6) Reasonable attorney's fees, expert fees, and appraisal fees.

Under this act, the condemnation commissioners, the court, or a jury may utilize the income approach when determining the assessed damages to a property owner for a partial taking. They may also consider the overall potential financial gain that a condemning entity may receive as a result of condemning multiple pieces of property to be used for one purpose or project when assessing the damages to each property owner whose property is intended to be used as part of such purpose or project.

SUSAN HENDERSON MOORE