Eminent Domain

State (Tennessee)
Tennessee 108th General Assembly

As introduced, revises the procedure for resolving just compensation issues when counties, cities and towns take property by eminent domain for a public purpose and grants an owner of property taken by eminent domain a right of first refusal. - Amends TCA Title 7, Chapter 31; Title 13, Chapter 20; Title 29, Chapter 17 and Title 29, Chapter 16. [SB-230]
As introduced, revises the procedure for resolving just compensation issues when counties, cities and towns take property by eminent domain for a public purpose and grants an owner of property taken by eminent domain a right of first refusal. - Amends TCA Title 7, Chapter 31; Title 13, Chapter 20; Title 29, Chapter 17 and Title 29, Chapter 16.

  

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

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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. [HB-2260]
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 Action Def. In S/c Civil Justice Subcommittee To Summer Study on 03/26/2014

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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. [HB-2259]
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 Civil Justice Committee on 02/03/2014

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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. [HB-1830]
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 Comp. Became Pub. Ch. 927 on 05/29/2014

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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. [HB-1199]
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 Pub. Ch. 851 on 05/16/2014

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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. [HB-1103]
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 Action Def. In S/c Civil Justice Subcommittee To 2014 on 03/27/2013

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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. [HB-1003]
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 Failed In S/c Civil Justice Subcommittee Of Civil Justice Committee on 03/13/2013

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State (Tennessee)
Tennessee 108th 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-451]
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: Sen. Stacey Campfield P2c, Ref. To Civil Justice Committee on 02/04/2013

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State (Tennessee)
Tennessee 108th General Assembly

As introduced, limits the transfer by eminent domain of blighted properties to private entities; requires blighted property taken by eminent domain be repaired or demolished. - Amends TCA Title 13, Chapter 20; Title 29, Chapter 16 and Title 29, Chapter 17. [HB-212]
As introduced, limits the transfer by eminent domain of blighted properties to private entities; requires blighted property taken by eminent domain be repaired or demolished. - Amends TCA Title 13, Chapter 20; Title 29, Chapter 16 and Title 29, Chapter 17.

  

Sponsored by: Sen. Stacey Campfield Taken Off Notice For Cal. In S/c Civil Justice Subcommittee Of Civil Justice Committee on 03/20/2013

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State (Tennessee)
Tennessee 108th General Assembly

As introduced, revises the procedure for resolving just compensation issues when counties, cities and towns take property by eminent domain for a public purpose and grants an owner of property taken by eminent domain a right of first refusal. - Amends TCA Title 7, Chapter 31; Title 13, Chapter 20; Title 29, Chapter 17 and Title 29, Chapter 16. [HB-103]
As introduced, revises the procedure for resolving just compensation issues when counties, cities and towns take property by eminent domain for a public purpose and grants an owner of property taken by eminent domain a right of first refusal. - Amends TCA Title 7, Chapter 31; Title 13, Chapter 20; Title 29, Chapter 17 and Title 29, Chapter 16.

  

Sponsored by: Sen. Joseph Hensley Failed In S/c Civil Justice Subcommittee Of Civil Justice Committee on 03/20/2013

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State (Virginia)
Virginia 2013 Regular Session

Eminent domain; current assessed value of real property, tax assessments. [HB-2306]
Eminent domain; just compensation; tax assessments. Provides that just compensation paid for real property taken pursuant to eminent domain shall not be less than the greater of (i) the appraisal of the fair market value of such property, if such an appraisal is required, or (ii) the current assessed value of such property for real estate tax purposes when the entire parcel for which the assessment has been made is to be acquired, provided that the property has not physically changed in a material and substantial since the current assessment was (continued...)

  

Sponsored by: Rep. David Ramadan Governor: Acts Of Assembly Chapter Text (chap0764) on 04/03/2013

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State (Virginia)
Virginia 2013 Regular Session

Condemnation; local application process. [HB-2072]
Local application process; condemnation. Provides that no locality shall condition or delay the timely consideration of any application for or grant of any permit or other approval for any real property over which it enjoys jurisdiction for the purpose, expressed or implied, of allowing the locality to condemn or otherwise acquire the property or to commence any process to consider whether to undertake condemnation or acquisition of the property.

  

Sponsored by: Rep. Christopher Peace Governor: Acts Of Assembly Chapter Text (chap0581) on 03/20/2013

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State (West Virginia)
West Virginia 2012 Regular Session

Providing a commercial property owner the ability to have the property appraised by an MAI appraisal prior to condemnation proceedings [HB-4384]
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 02/01/2012

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State (West Virginia)
West Virginia 2012 Regular Session

Increasing any award of just compensation to a property owner for eminent domain takings by nongovernment entities [HB-2823]
Increasing any award of just compensation to a property owner for eminent domain takings by nongovernment entities

  

Sponsored by: Rep. Barbara Fleischauer Filed For Introduction on 01/11/2012

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State (Virginia)
Virginia 2012 Regular Session

Condemnation; proceedings generally. [SB-653]
Condemnation; public uses. Provides that lands may be condemned for certain specified uses, including the installation of electric utility lines or telephone lines, because those uses are inherently public uses when undertaken by a locality.

  

Sponsored by: Sen. Stephen Newman Governor: Acts Of Assembly Chapter Text (chap0832) on 04/18/2012

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State (Virginia)
Virginia 2012 Regular Session

Towns; allowed to acquire land, not by condemnation, within their boundaries or 3 miles outside. [SB-594]
Acquisition of land by localities. Allows counties and cities to acquire land within their boundaries for development of business or industry by voluntary sale, but not by condemnation; current law allows such land acquisition only by towns.

  

Sponsored by: Sen. William Stanley Governor: Acts Of Assembly Chapter Text (chap0389) on 03/23/2012

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State (Virginia)
Virginia 2012 Regular Session

Eminent domain; definitions of lost access and lost profits, determining compensation. [SB-437]
Eminent domain; lost profits and access. Provides definitions for the terms "lost profits" and "lost access" and how to determine the amount of just compensation, which includes lost profits and lost access resulting from the taking, that must be paid for property taken by eminent domain. The bill has a contingent effective date of January 1, 2013, provided that the voters approve an amendment to Section 11 of Article I of the Constitution of Virginia at the November 2012 election.

  

Sponsored by: Sen. Mark Obenshain Governor: Acts Of Assembly Chapter Text (chap0719) on 04/09/2012

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State (Virginia)
Virginia 2012 Regular Session

Eminent domain; definitions of lost profits and access. [HB-597]
Eminent domain; lost profits and access. Provides definitions for the terms "lost profits" and "lost access" and how to determine the amount of just compensation, which includes lost profits and lost access resulting from the taking, that must be paid for property taken by eminent domain. The bill has a contingent effective date of January 1, 2013, provided that the voters approve an amendment to Section 11 of Article I of the Constitution of Virginia at the 2012 November election.

  

Sponsored by: Rep. Anne Crockett-Stark House: Incorporated By Courts Of Justice on 02/03/2012

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State (Virginia)
Virginia 2012 Regular Session

Eminent domain; definitions of lost access and lost profits, determining compensation. [HB-1035]
Eminent domain; lost profits and access. Provides definitions for the terms "lost profits" and "lost access" and how to determine the amount of just compensation, which includes lost profits and lost access resulting from the taking, that must be paid for property taken by eminent domain. The bill has a contingent effective date of January 1, 2013, provided that the voters approve an amendment to Section 11 of Article I of the Constitution of Virginia at the 2012 November election.

  

Sponsored by: Rep. John O'Bannon Governor: Acts Of Assembly Chapter Text (chap0699) on 04/09/2012

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State (South Dakota)
South Dakota 2012 Regular Session

Revise certain provisions regarding the use of eminent domain by certain nongovernmental entities. [HB-1111]
Revise certain provisions regarding the use of eminent domain by certain nongovernmental entities.

  

Sponsored by: Rep. Craig Tieszen House Of Representatives Reconsidered, Failed, Yeas 35, Nays 35. H.j. 455 on 02/14/2012

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