Eminent Domain

State (Tennessee)
Tennessee 107th General Assembly

As introduced, provides that no more than 20 percent of property taken by eminent domain can be leased to private companies; grants right of first refusal to owner of land taken by eminent domain that is not converted in five years to the purpose for which it was taken. - Amends TCA Title 7, Chapter 31; Title 13, Chapter 20 and Title 29. [HB-1215]
As introduced, provides that no more than 20 percent of property taken by eminent domain can be leased to private companies; grants right of first refusal to owner of land taken by eminent domain that is not converted in five years to the purpose for which it was taken. - Amends TCA Title 7, Chapter 31; Title 13, Chapter 20 and Title 29.

  

Sponsored by: Rep. Steve Hall Assigned To S/c General Sub Of Judiciary on 03/01/2011

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State (Tennessee)
Tennessee 107th General Assembly

As introduced, requires county and municipal legislative bodies to conduct a public hearing on necessity of condemning property and approve the exercise of eminent domain by a majority vote prior to any property being condemned and taken by such bodies. - Amends TCA Title 29, Chapter 17. [HB-953]
As introduced, requires county and municipal legislative bodies to conduct a public hearing on necessity of condemning property and approve the exercise of eminent domain by a majority vote prior to any property being condemned and taken by such bodies. - Amends TCA Title 29, Chapter 17.

  

Sponsored by: Rep. Bill Dunn Assigned To S/c General Sub Of Judiciary on 02/22/2011

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State (Tennessee)
Tennessee 107th General Assembly

As introduced, grants property owner, or a deceased owner's heirs or assigns, whose land is taken by eminent domain the right to repurchase such property if the condemning entity does not use the property for the purpose for which it was condemned or if the entity sells the property within 10 years of condemnation. - Amends TCA Title 29, Chapter 17, Part 10. [HB-952]
As introduced, grants property owner, or a deceased owner's heirs or assigns, whose land is taken by eminent domain the right to repurchase such property if the condemning entity does not use the property for the purpose for which it was condemned or if the entity sells the property within 10 years of condemnation. - Amends TCA Title 29, Chapter 17, Part 10.

  

Sponsored by: Rep. Bill Dunn Assigned To S/c General Sub Of Judiciary on 02/22/2011

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State (Idaho)
Idaho 2011 Regular Session

Amends existing law relating to eminent domain to provide that certain entities exercising the right of eminent domain in behalf of certain public uses shall demonstrate that such use materially serves the interests of the citizens of Idaho. [HB-268]
Amends existing law relating to eminent domain to provide that certain entities exercising the right of eminent domain in behalf of certain public uses shall demonstrate that such use materially serves the interests of the citizens of Idaho.

  

Sponsored by: No sponsors Senate Intro on 03/23/2011

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State (Idaho)
Idaho 2011 Regular Session

Amends existing law to provide that eminent domain shall not be used for trails, bike paths, walking paths, greenways, or other alternate or limited use transportation corridors, except where bike lanes, bike paths, sidewalks, walking paths, greenways or other alternate or limited use corridors are adjoining or adjacent to highways, roads, streets, permitted bridges, toll roads, byroads, plank and turnpike roads. [HB-242]
Amends existing law to provide that eminent domain shall not be used for trails, bike paths, walking paths, greenways, or other alternate or limited use transportation corridors, except where bike lanes, bike paths, sidewalks, walking paths, greenways or other alternate or limited use corridors are adjoining or adjacent to highways, roads, streets, permitted bridges, toll roads, byroads, plank and turnpike roads.

  

Sponsored by: No sponsors To Loc Gov on 03/22/2011

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State (Idaho)
Idaho 2011 Regular Session

Amends existing law to provide that eminent domain shall not be used to construct bike or walking paths for greenways or other alternate or limited use transportation corridors except where such bike or walking paths are immediately adjacent and parallel to existing or proposed bridges, toll roads, byroads, plank and turnpike roads. [HB-192]
Amends existing law to provide that eminent domain shall not be used to construct bike or walking paths for greenways or other alternate or limited use transportation corridors except where such bike or walking paths are immediately adjacent and parallel to existing or proposed bridges, toll roads, byroads, plank and turnpike roads.

  

Sponsored by: No sponsors Rpt Prt on 02/24/2011

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State (Idaho)
Idaho 2011 Regular Session

Amends existing law relating to eminent domain to provide that certain entities exercising the right of eminent domain in behalf of certain public uses shall demonstrate that such use directly serves the interests of the residents of Idaho. [HB-189]
Amends existing law relating to eminent domain to provide that certain entities exercising the right of eminent domain in behalf of certain public uses shall demonstrate that such use directly serves the interests of the residents of Idaho.

  

Sponsored by: No sponsors Rpt Prt on 02/23/2011

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State (Idaho)
Idaho 2011 Regular Session

Amends existing law relating to eminent domain to provide an additional fact prerequisite to taking. [HB-168]
Amends existing law relating to eminent domain to provide an additional fact prerequisite to taking.

  

Sponsored by: No sponsors Rpt Prt on 02/17/2011

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State (South Dakota)
South Dakota 2010 Regular Session

Repeal the requirement that a railroad obtain authority from the Governor or the Transportation Commission before the railroad may exercise the power of eminent domain. [HB-1153]
Repeal the requirement that a railroad obtain authority from the Governor or the Transportation Commission before the railroad may exercise the power of eminent domain.

  

Sponsored by: Rep. Craig Tieszen Scheduled For Hearing on 02/09/2010

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State (West Virginia)
West Virginia 2010 Regular Session

Increasing any award of just compensation to a property owner for eminent domain takings by nongovernment entities [HB-2892]
The purpose of this bill is to increase any award of just compensation to a property owner by twenty-five percent for eminent domain takings by nongovernment entities. The bill also provides for a twenty-five percent increase in compensation for takings by government entities that are transferred to nongovernment entities within ten years of the original taking.

Sponsored by: Rep. Barbara Fleischauer Filed For Introduction on 01/13/2010

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State (West Virginia)
West Virginia 2010 Regular Session

Exempting acts resulting in the taking or damaging of private property for public use from the immunity granted to a political subdivision [HB-2356]
The purpose of this bill is to exempt takings, including regulatory takings, from the immunity granted to a political subdivision.

Sponsored by: Sen. Craig Blair Filed For Introduction on 01/13/2010

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State (Tennessee)
Tennessee 106th General Assembly

As introduced, entitles property owner to recoup certain costs incurred in contesting eminent domain action from the condemning authority. - Amends TCA Title 13, Chapter 20; Title 29, Chapter 16 and Title 29, Chapter 17. [SB-3609]
As introduced, entitles property owner to recoup certain costs incurred in contesting eminent domain action from the condemning authority. - Amends TCA Title 13, Chapter 20; Title 29, Chapter 16 and Title 29, Chapter 17.

  

Sponsored by: Sen. Bill Ketron Assigned To Gen. Sub Of: S. Jud Comm. on 04/20/2010

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State (Tennessee)
Tennessee 106th General Assembly

As introduced, requires fair market value of property to be taken by eminent domain be based on the highest and best use of such property. - Amends TCA Section 7-56-207; Title 64, Chapter 2, Part 3; Title 65, Chapter 6, Part 1 and Title 65, Chapter 14, Part 1. [SB-3090]
As introduced, requires fair market value of property to be taken by eminent domain be based on the highest and best use of such property. - Amends TCA Section 7-56-207; Title 64, Chapter 2, Part 3; Title 65, Chapter 6, Part 1 and Title 65, Chapter 14, Part 1.

  

Sponsored by: Sen. Tim Burchett P2c, Ref. To S. Jud Comm. on 01/28/2010

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State (Tennessee)
Tennessee 106th General Assembly

As introduced, limits authority of governmental entities to transfer to a private entity blighted property taken by condemnation. - Amends TCA Title 12 and Title 29. [SB-1259]
As introduced, limits authority of governmental entities to transfer to a private entity blighted property taken by condemnation. - Amends TCA Title 12 and Title 29.

  

Sponsored by: Sen. Dewayne Bunch P2c, Ref. To S. Jud Comm. on 02/18/2009

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State (Tennessee)
Tennessee 106th General Assembly

As introduced, decreases time in which owner of property determined by municipal planning commission to be blighted must respond to written notice of such determination, from 90 to 60 days. - Amends TCA Title 13, Chapter 21. [SB-668]
As introduced, decreases time in which owner of property determined by municipal planning commission to be blighted must respond to written notice of such determination, from 90 to 60 days. - Amends TCA Title 13, Chapter 21.

  

Sponsored by: Sen. Mark Norris P2c, Ref. To S. Jud Comm. on 02/18/2009

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State (Tennessee)
Tennessee 106th General Assembly

As introduced, grants property owner whose land is taken by eminent domain the right to repurchase such property if the condemning entity does not use the property for the purpose for which it was condemned or if the entity sells the property within 10 years of condemnation. - Amends TCA Title 29. [SB-522]
As introduced, grants property owner whose land is taken by eminent domain the right to repurchase such property if the condemning entity does not use the property for the purpose for which it was condemned or if the entity sells the property within 10 years of condemnation. - Amends TCA Title 29.

  

Sponsored by: Sen. Randy McNally Re-ref. To S. Cal. Comm. on 03/23/2009

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State (Tennessee)
Tennessee 106th General Assembly

As introduced, requires county and municipal legislative bodies to approve the exercise of eminent domain by two-thirds vote prior to any property being condemned and taken by such bodies. - Amends TCA Title 29. [SB-521]
As introduced, requires county and municipal legislative bodies to approve the exercise of eminent domain by two-thirds vote prior to any property being condemned and taken by such bodies. - Amends TCA Title 29.

  

Sponsored by: Sen. Randy McNally Re-ref. To S. Cal. Comm. on 03/23/2009

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State (Tennessee)
Tennessee 106th General Assembly

As introduced, enacts the "Property Owners Bill of Rights." - Amends TCA Title 5; Title 6; Title 7; Title 11; Title 12; Title 13; Title 29; Title 43; Title 64; Title 65; Title 68; Title 69 and Title 70. [SB-77]
As introduced, enacts the "Property Owners Bill of Rights." - Amends TCA Title 5; Title 6; Title 7; Title 11; Title 12; Title 13; Title 29; Title 43; Title 64; Title 65; Title 68; Title 69 and Title 70.

  

Sponsored by: Sen. Paul Stanley Recalled From S. Jud. Comm. on 03/24/2010

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State (Tennessee)
Tennessee 106th General Assembly

As introduced, entitles property owner to recoup certain costs incurred in contesting eminent domain action from the condemning authority. - Amends TCA Title 13, Chapter 20; Title 29, Chapter 16 and Title 29, Chapter 17. [HB-3338]
As introduced, entitles property owner to recoup certain costs incurred in contesting eminent domain action from the condemning authority. - Amends TCA Title 13, Chapter 20; Title 29, Chapter 16 and Title 29, Chapter 17.

  

Sponsored by: Rep. Joe Carr Action Def. In Judiciary Committee To Summer Study on 04/20/2010

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State (Tennessee)
Tennessee 106th General Assembly

As introduced, requires fair market value of property to be taken by eminent domain be based on the highest and best use of such property. - Amends TCA Section 7-56-207; Title 64, Chapter 2, Part 3; Title 65, Chapter 6, Part 1 and Title 65, Chapter 14, Part 1. [HB-3058]
As introduced, requires fair market value of property to be taken by eminent domain be based on the highest and best use of such property. - Amends TCA Section 7-56-207; Title 64, Chapter 2, Part 3; Title 65, Chapter 6, Part 1 and Title 65, Chapter 14, Part 1.

  

Sponsored by: Rep. Frank Niceley Failed For Lack Of Motion In: Budget Of Fw&m on 05/12/2010

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