Eminent Domain

State (Virginia)
Virginia 2014 Regular Session

Eminent domain; costs, attorney fees. [SB-666] [Law Enforcement ] [Property Tax ] [Real Estate ]
Eminent domain; costs; attorney fees. Requires the court, in certain condemnation proceedings, to award costs, including reasonable attorney fees, to the owner of property taken by condemnation. Under current law, awarding costs is discretionary and such costs exclude attorney fees.

  

Sponsored by: Sen. John Chapman Petersen Passed By Indefinitely In Finance (13-y 4-n) on 02/05/2014

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State (Virginia)
Virginia 2014 Regular Session

Eminent domain; limitations, property right of quiet and peaceful enjoyment. [SB-665] [Real Estate ] [Property Tax ] [Law Enforcement ]
Limitations on eminent domain; right of quiet and peaceful enjoyment. Recognizes the property right of quiet and peaceful enjoyment and provides that just compensation is owed to the owner of property subject to condemnation when quiet and peaceful enjoyment is taken or damaged. This bill is in response to the decision of the Supreme Court of Virginia in Byler v. VEPCO, 284 Va. 501, 731 S.E.2d 916 (2012).

  

Sponsored by: Sen. John Chapman Petersen Continued To 2015 In Courts Of Justice (14-y 0-n) on 02/03/2014

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State (Virginia)
Virginia 2014 Regular Session

Oyster grounds; condemnation. [SB-603] [Agriculture ] [Water ] [Real Estate ] [Environmental ] [Law Enforcement ]
Condemnation of oyster grounds. Prohibits localities from exercising the right of eminent domain to condemn privately leased riparian and general oyster planting grounds. These planting grounds are assigned to persons under a lease agreement approved by the Virginia Marine Resources Commission. An exception to the condemnation prohibition is made for permitted water-dependent linear wastewater projects where there is no practical alternative.

  

Sponsored by: Sen. Richard H. Stuart Governor: Acts Of Assembly Chapter Text (chap0162) on 03/05/2014

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State (Virginia)
Virginia 2014 Regular Session

Eminent domain; date of valuation in actions shall be determined by court. [SB-194] [Real Estate ] [Property Tax ] [Law Enforcement ]
Date of valuation; inverse condemnation proceeding. Provides that the "date of valuation" of property in an inverse condemnation proceeding is the date determined by the court to be the date the property was taken or damaged.

  

Sponsored by: Sen. Richard H. Black Governor: Acts Of Assembly Chapter Text (chap0618) on 04/04/2014

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State (Virginia)
Virginia 2014 Regular Session

Relocation Assistance & Real Property Acquisition Policies; replacement housing for homeowners, etc. [HB-990] [Real Estate ] [Housing ] [Transportation and Motor Vehicles ] [Budget and Spending ] [Funding ] [Grants ]
Scope of Relocation Assistance and Real Property Acquisition Policies; replacement housing for homeowners and tenants. Provides that relocation assistance and real property acquisition policies of the Commonwealth apply in the case of transportation projects funded in whole or in part with state or federal funds unless compliance would jeopardize the receipt and expenditure of all or a portion of federal funds that would otherwise be available for transportation projects. The bill also raises the authorized payment to a displaced homeowner from (continued...)

  

Sponsored by: Rep. Hyland F. Fowler Governor: Acts Of Assembly Chapter Text (chap0218) on 03/07/2014

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State (Virginia)
Virginia 2014 Regular Session

Conservation easements; agreements to obtain land, consent required, inverse condemnation. [HB-738] [Environmental ] [Real Estate ] [Public Lands and National Parks ] [Property Tax ]
Agreements to obtain land for conservation easements; consent required; inverse condemnation. Provides that where the Commonwealth or any political subdivision possessing the power of eminent domain enters into an agreement to obtain a conservation easement, the Commonwealth shall first obtain the consent of all private landowners whose property would be subject to such easement, and any such landowner whose consent is not obtained shall have a cause of action against the Commonwealth for inverse condemnation.

  

Sponsored by: Rep. L. Scott Lingamfelter Continued To 2015 In Courts Of Justice By Voice Vote on 02/07/2014

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State (Virginia)
Virginia 2014 Regular Session

Oyster grounds; condemnation. [HB-1092] [Agriculture ] [Water ] [Real Estate ] [Environmental ] [Law Enforcement ] [Public Safety ]
Condemnation of oyster grounds. Prohibits localities from exercising the right of eminent domain to condemn privately leased riparian and general oyster planting grounds. These planting grounds are assigned to persons under a lease agreement approved by the Virginia Marine Resources Commission. An exception to the condemnation prohibition is made for permitted water-dependent linear wastewater projects where there is no practical alternative.

  

Sponsored by: Rep. Margaret Bevans Ransone Governor: Acts Of Assembly Chapter Text (chap0591) on 04/04/2014

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State (Maine)
Maine 126th Legislature

RESOLUTION, Proposing an Amendment to the Constitution of Maine To Restrict the Use of Eminent Domain [SB-58] [Real Estate ] [Property Tax ]
RESOLUTION, Proposing an Amendment to the Constitution of Maine To Restrict the Use of Eminent Domain

  

Sponsored by: Rep. Roger L. Sherman Reports Read. on 04/24/2013

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State (Maine)
Maine 126th Legislature

An Act To Prohibit the Use of Eminent Domain in Certain Public-Private Partnerships [SB-165] [Real Estate ] [Property Tax ] [Public Safety ] [Community Development ]
An Act To Prohibit the Use of Eminent Domain in Certain Public-Private Partnerships

  

Sponsored by: Rep. Stephen S. Stanley Placed In The Legislative Files. (dead) on 06/10/2013

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State (Maine)
Maine 126th Legislature

An Act To Promote Regulatory Fairness [SB-1039] [Small Business ] [Consumer Protection ] [Economic Development ]
An Act To Promote Regulatory Fairness

  

Sponsored by: Sen. Ronald F. Collins Pursuant To Joint Rule 310.3 Placed In Legislative Files (dead) on 05/20/2013

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State (Idaho)
Idaho 2013 Regular Session

Amends existing law to provide that eminent domain shall not be used for trails, paths, greenways or other ways for walking, running, hiking, bicycling or equestrian use, unless adjacent to a highway, road or street. [SB-1046] [Real Estate ] [Transportation and Motor Vehicles ] [Infrastructure ]
Amends existing law to provide that eminent domain shall not be used for trails, paths, greenways or other ways for walking, running, hiking, bicycling or equestrian use, unless adjacent to a highway, road or street.

  

Sponsored by: Sen. Local Government and Taxation Committee Reported Printed; Referred To Local Government & Taxation on 01/31/2013

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State (Idaho)
Idaho 2013 Regular Session

Amends existing law to revise assessment of damages in eminent domain actions where the plaintiff changes the plans for any proposed project after making the landowner an initial offer to purchase and the landowner incurs certain costs and to provide for an exception. [HB-104] [Real Estate ] [Property Tax ]
Amends existing law to revise assessment of damages in eminent domain actions where the plaintiff changes the plans for any proposed project after making the landowner an initial offer to purchase and the landowner incurs certain costs and to provide for an exception.

  

Sponsored by: Rep. Judiciary, Rules and Administration Committee Reported Printed And Referred To Judiciary, Rules, & Administration on 02/07/2013

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State (West Virginia)
West Virginia 2013 Regular Session

Providing a commercial property owner the ability to have the property appraised by an MAI appraisal prior to condemnation proceedings [HB-2030] [Real Estate ] [Property Tax ]
Providing a commercial property owner the ability to have the property appraised by an MAI appraisal prior to condemnation proceedings

  

Sponsored by: Rep. Tom Azinger Filed For Introduction on 02/13/2013

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State (Tennessee)
Tennessee 108th General Assembly

As introduced, provides for a right of first refusal by the original owner of any property that is subsequently sold by a condemning authority. - Amends TCA Title 29, Chapter 16. [SB-2176] [Real Estate ] [Property Tax ]
As introduced, provides for a right of first refusal by the original owner of any property that is subsequently sold by a condemning authority. - Amends TCA Title 29, Chapter 16.

  

Sponsored by: Sen. Stacey Campfield P2c, Ref. To S. Jud Comm. on 01/29/2014

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State (Tennessee)
Tennessee 108th General Assembly

As enacted, reorganizes existing eminent domain law in Tennessee Code Annotated. - Amends TCA Title 6; Title 7; Title 9; Title 11; Title 12; Title 13; Title 29; Title 42; Title 54; Title 59; Title 64; Title 65; Title 68; Title 69 and Title 70. [SB-2028] [Real Estate ] [Law Enforcement ] [Property Tax ]
As enacted, reorganizes existing eminent domain law in Tennessee Code Annotated. - Amends TCA Title 6; Title 7; Title 9; Title 11; Title 12; Title 13; Title 29; Title 42; Title 54; Title 59; Title 64; Title 65; Title 68; Title 69 and Title 70.

  

Sponsored by: Sen. Joseph Hensley Pub. Ch. 927 on 05/29/2014

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State (Tennessee)
Tennessee 108th General Assembly

As introduced, narrows the definition of the areas that may be considered "blighted" for purposes of eminent domain. - Amends TCA Title 13 and Title 29. [SB-1800] [Real Estate ] [Housing ] [Community Development ] [Economic Development ]
As introduced, narrows the definition of the areas that may be considered "blighted" for purposes of eminent domain. - Amends TCA Title 13 and Title 29.

  

Sponsored by: Sen. Stacey Campfield Failed In S. Jud Comm. Ayes 4, Nays 2 Pnv 1 on 03/26/2014

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State (Tennessee)
Tennessee 108th General Assembly

As introduced, requires that the fair market value of property taken by eminent domain be based on the highest and best use of such property. - Amends TCA Title 7; Title 29; Title 64 and Title 65. [SB-1189] [Real Estate ] [Property Tax ]
As introduced, requires that the fair market value of property taken by eminent domain be based on the highest and best use of such property. - Amends TCA Title 7; Title 29; Title 64 and Title 65.

  

Sponsored by: Rep. Jeremy Faison Assigned To Gen. Sub Of S Jud. Comm on 03/21/2013

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State (Tennessee)
Tennessee 108th General Assembly

As introduced, revises various provisions governing eminent domain and the limitation placed on the owners' actions. - Amends TCA Title 29, Chapter 16. [SB-1167] [Real Estate ] [Property Tax ]
As introduced, revises various provisions governing eminent domain and the limitation placed on the owners' actions. - Amends TCA Title 29, Chapter 16.

  

Sponsored by: Sen. Doug Overbey Assigned To Gen. Sub Of: S. Jud Comm. on 04/09/2013

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State (Tennessee)
Tennessee 108th General Assembly

As enacted, provides that in any case in which a county or a municipality exercises the power of eminent domain, and the condemning entity determines the property condemned or taken by eminent domain is not used for the purpose or purposes for which it was condemned or for some other authorized public use, or if the condemning entity subsequently decides to sell it within 10 years of being condemned or taken, the property must be first offered for sale to the person or persons from whom the property was condemned or taken. - Amends TCA Title 29, Chapter 17. [SB-959] [Real Estate ] [Property Tax ]
As enacted, provides that in any case in which a county or a municipality exercises the power of eminent domain, and the condemning entity determines the property condemned or taken by eminent domain is not used for the purpose or purposes for which it was condemned or for some other authorized public use, or if the condemning entity subsequently decides to sell it within 10 years of being condemned or taken, the property must be first offered for sale to the person or persons from whom the property was condemned or taken. - Amends TCA Title 29, (continued...)

  

Sponsored by: Sen. Randy McNally Comp. Became Pub. Ch. 851 on 05/16/2014

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State (Tennessee)
Tennessee 108th 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. [SB-958] [Real Estate ] [Property Tax ] [Housing ] [Community Development ]
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: Sen. Randy McNally Recalled From S. Jud. Comm. on 02/25/2013

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