Requires "just compensation" for condemnation of single-family residence to be based on cost of comparable relocation properties within 20 mile radius.
Impact
By enforcing a standard of just compensation that reflects the realities of the housing market, S1090 seeks to address instances where families receive insufficient funds to purchase similar homes post-condemnation. It emphasizes the need to appraise properties based on comparable homes in the vicinity, potentially alleviating the financial burden faced by displaced families. This approach is intended to bring about a fairer process that respects property rights and the significant disruption that comes with losing one’s home.
Summary
Senate Bill S1090 aims to amend the existing law on just compensation for the condemnation of single-family residences. The proposed changes stipulate that when a property is condemned, the compensation must not only reflect its fair market value but also consider the costs of comparable relocation properties within a 20-mile radius. This measure is designed to provide a more equitable financial outcome for homeowners whose properties are taken for public use, ensuring that they can afford a comparable residence in the same geographical area.
Contention
The bill raises important discussions around the balance of public needs and individual rights. Stakeholders such as property owners may argue that the amendments safeguard their interests during condemnation proceedings, while critics could suggest that the clause might incentivize claims of inflated property values, complicating the condemnation process. Issues around affordability and adequate compensation will be central to debates as legislators examine how these changes could affect the state's legal landscape regarding eminent domain.
Prohibits condemnation of farmland actively supporting agricultural or horticultural production for purpose other than agricultural or horticultural production.
In general provisions, further providing for definitions; in procedure to condemn, further providing for declaration of taking, for security required and for recording notice of condemnation, providing for advanced notice to condemnee and further providing for notice to condemnee, for preliminary objections, for possession, right of entry and payment of compensation and for revocation of condemnation proceedings; in procedure for determining damages, further providing for petition for appointment of viewers, for report of viewers, for allocation of damages and for liens and distribution of damages; in just compensation and measure of damages, further providing for measure of damages, for condemnee's costs where no declaration of taking filed and for limited reimbursement of appraisal, attorney and engineering fees and providing for coverage of mortgages and liens and for compensation for loss of goodwill of business or farm operation; and, in evidence, providing for proof of continuous ownership.