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| 35 | 36 | | |
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| 36 | 37 | | |
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| 37 | 38 | | |
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| 38 | 39 | | An Act relating to eminent domain; amending 27 O.S. |
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| 39 | 40 | | 2011, Sections 5 and 17, which r elate to local |
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| 40 | 41 | | governments and resale of surp lus property; |
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| 41 | 42 | | conforming language; defining terms; prohibiting |
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| 42 | 43 | | taking of private property unless for certain uses |
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| 43 | 44 | | and with compensation; placing burden of proof on |
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| 44 | 45 | | condemning authority; granting certain rights to |
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| 45 | 46 | | private property owners; requiring court to stric tly |
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| 47 | 48 | | eminent domain powers absent statutory authority; |
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| 48 | 49 | | providing exception; prov iding for codificatio n; and |
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| 49 | 50 | | providing an effective date. |
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| 50 | 51 | | |
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| 51 | 52 | | |
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| 52 | 53 | | |
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| 53 | 54 | | |
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| 54 | 55 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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| 55 | 56 | | SECTION 1. AMENDATORY 27 O.S. 2011, Section 5, is |
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| 56 | 57 | | amended to read as follows: |
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| 57 | 58 | | Section 5. Any county, city, town, township, school dis trict, |
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| 58 | 59 | | or board of education, or any board or offici al having charge of |
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| 59 | 60 | | cemeteries created and existing under the laws of this state, sh all |
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| 60 | 61 | | have power to condemn lands in like manner as railroad companies, |
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| 61 | 62 | | for highways, rights-of-way, building sites, cemet eries, public |
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| 62 | 63 | | parks and other public purposes uses. |
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| 63 | 64 | | SECTION 2. AMENDATORY 27 O.S. 2011, Section 17, is |
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| 64 | 65 | | amended to read as follows: |
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| 65 | 66 | | |
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| 93 | | - | forth in Title 27 of the Oklahoma Statutes this title for a public |
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| 94 | | - | purpose use as described in Section 9 of Title 27 of the Oklahoma |
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| 95 | | - | Statutes this title is not used for the purposes uses for which it |
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| 96 | | - | was condemned or for another public use by the agency or other |
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| 97 | | - | entity which acquired the real prop erty, the portion of the real |
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| 98 | | - | property that is not used shall be declared surplus and shall be |
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| 99 | | - | first offered for resale to the p erson from whom the property was |
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| 100 | | - | taken or the heirs of the person at the appraised valu e or the |
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| 101 | | - | original price at which the acqu iring agency or entity purchased |
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| 102 | | - | that portion of the property, whichever is less. |
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| 95 | + | forth in Title 27 of the Oklahoma Statutes for a public purpose use |
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| 96 | + | as described in Secti on 9 of Title 27 of the Oklahoma Statutes this |
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| 97 | + | title is not used for the purposes uses for which it was condemned |
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| 98 | + | or for another public use by the agency or other entity which |
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| 99 | + | acquired the real prop erty, the portion of the real property that is |
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| 100 | + | not used shall be declared surplus and shall be first offered for |
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| 101 | + | resale to the person from whom the property was taken or the heirs |
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| 102 | + | of the person at the appraised valu e or the original price at which |
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| 103 | + | the acquiring agency or entity purchased that portion of the |
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| 104 | + | property, whichever is less. |
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| 103 | 105 | | B. For purposes of complying with subsection A of this section, |
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| 104 | 106 | | the agency or entity which acquired the real property by |
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| 105 | 107 | | condemnation shall notify the former landowner of th e right of first |
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| 106 | 108 | | refusal by sending notice by certified mail, return rece ipt |
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| 107 | 109 | | requested, to the last-known address of the person as provided by |
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| 108 | 110 | | the person. If the mail is returned as not subject to delivery or |
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| 109 | 111 | | the former landowner is deceased, notice of th e right of first |
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| 110 | 112 | | refusal shall be provided by publication in a newspaper of general |
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| 111 | 113 | | circulation in the community where the real property is located. |
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| 112 | 114 | | The notice shall contain the name of the former landowner and a |
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| 113 | 115 | | legal description of the surplus property. If the offer to |
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| 114 | 116 | | repurchase is not accepted within ninety (90) days from the date of |
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| 115 | 117 | | |
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| 140 | 143 | | |
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| 141 | 144 | | notice or if the offer to repurchase is no t accepted from the date |
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| 142 | 145 | | the resale price on the property is determined, the property m ay |
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| 143 | 146 | | then be sold at public sale. |
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| 144 | 147 | | C. This section shall not apply to conveyances for |
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| 145 | 148 | | redevelopment under Sections 3 8-101 through 38-123 of Title 11 of |
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| 146 | 149 | | the Oklahoma Statutes. |
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| 147 | 150 | | SECTION 3. NEW LAW A new section of law to be codified |
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| 148 | 151 | | in the Oklahoma Statutes as Section 41 of Title 27, unless there is |
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| 149 | 152 | | created a duplication in numb ering, reads as follo ws: |
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| 150 | 153 | | For the purposes of this act: |
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| 156 | | - | b. that has been cited for housing, maintenance , building |
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| 157 | | - | or property code violations that have not been |
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| 158 | | - | remedied within a reasonable time after two notices to |
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| 159 | | - | cure the noncompliance , or |
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| 159 | + | b. has been cited for housing, maintenance or building |
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| 160 | + | code violations that have not been remedied within a |
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| 161 | + | reasonable time after two notices to cure the |
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| 162 | + | noncompliance, and |
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| 190 | | - | a. was inspected by the appropriate local governme nt and |
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| 191 | | - | cited for one or more enforceable housing , |
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| 192 | | - | maintenance, building or property code violations that |
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| 193 | | - | affect the safety of the occupants or the public |
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| 194 | | - | involving one or more of the following: |
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| 195 | + | maintenance, or building code violation s that affect |
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| 196 | + | the safety of the occupants or the public and involve |
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| 197 | + | one or more of the following: |
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| 195 | 198 | | (1) a roof and roof framing element , |
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| 196 | 199 | | (2) support walls, beams and headers, |
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| 197 | 200 | | (3) foundation, footings and subgrade conditions, |
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| 198 | 201 | | (4) light and ventilation , |
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| 199 | 202 | | (5) fire protection including egress, |
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| 200 | 203 | | (6) internal utilities including electricity, gas and |
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| 201 | 204 | | water, |
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| 202 | 205 | | (7) flooring and flooring elements, or |
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| 203 | 206 | | (8) walls, insulation and exterior envelope , |
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| 204 | 207 | | b. the satisfaction of th e enforceable, cited and uncured |
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| 205 | | - | housing, maintenance, building or property code |
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| 206 | | - | violations listed in subparagraph a of this paragraph |
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| 207 | | - | cost more than fifty percent (50%) of the assessor's |
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| 208 | | - | taxable market value for the building, excluding land |
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| 209 | | - | value, for property taxes pay able in the year in which |
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| 210 | | - | the condemnation is commenced, |
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| 208 | + | housing, maintenance and building code violations |
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| 209 | + | listed in subparagraph a of this paragraph cost more |
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| 210 | + | than fifty percent (50%) of the assessor’s taxable |
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| 211 | + | market value for the building, excluding land value, |
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| 212 | + | for property taxes pay able in the year in which the |
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| 213 | + | condemnation is commenced, and |
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| 244 | 245 | | a. the possession, occupation, ownership and enjoyment of |
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| 245 | 246 | | the land by the general public, or by public agencies , |
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| 246 | 247 | | b. the possession, occupation and ownership of land |
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| 247 | 248 | | necessary for operations of a public utility that |
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| 248 | 249 | | serves the general public, |
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| 249 | 250 | | c. the remediation of a blighted property, or |
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| 250 | 251 | | d. the possession of an abandoned property. |
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| 251 | 252 | | SECTION 4. NEW LAW A new section of law to be codified |
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| 252 | 253 | | in the Oklahoma Statutes as Section 42 of Title 27, unless there is |
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| 253 | 254 | | created a duplication in numb ering, reads as foll ows: |
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| 254 | 255 | | A. Private property may not be take n or damaged by a condemning |
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| 255 | 256 | | authority unless the taking or damage i s necessary for a public use |
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| 256 | 257 | | and with just compensation . The public purpose or public benefit of |
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| 257 | 258 | | economic development including an increase in ta x base, tax |
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| 258 | 259 | | revenues, employment or general economic health, does not constitute |
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| 259 | 260 | | a public use. |
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| 260 | | - | B. In cases where addressing blight is the public use provided |
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| 261 | | - | by the condemning authority, the condemning authority bears the |
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| 262 | | - | burden of proving by clear and convincing evidence that: |
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| 261 | + | B. A condemning authority bears the burden of proving by clear |
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| 262 | + | and convincing evidence that: |
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| 263 | + | 1. The land, real estate, premises or other property the |
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| 264 | + | authority seeks to acquire is required for the pub lic use in the |
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| 265 | + | petition for condemnation; and |
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| 266 | + | 2. The public use iden tified in the petition for condemnation |
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| 267 | + | cannot be accomplished by using or acquiring other property with the |
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| 268 | + | consent of the owner. |
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| 289 | | - | 1. The land, real estate, premises or other property the |
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| 290 | | - | authority seeks to acquire is required for the pub lic use stated in |
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| 291 | | - | the petition for condemnation; and |
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| 292 | | - | 2. The public use stated in the petition for condemnation |
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| 293 | | - | cannot be accomplished by using or acquiring property that offers |
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| 294 | | - | similar access with the consent of the owner of the similar property |
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| 295 | | - | without undue financial burden. |
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| 296 | | - | C. The owner of private property being condemned for blight has |
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| 297 | | - | a right to have a court determine whether private property is being |
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| 298 | | - | taken for a public or private use, to remediate an abandoned |
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| 299 | | - | property, to remediate blighted property or if such taking is |
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| 300 | | - | required to fulfill the public use as stated in the petition for |
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| 301 | | - | condemnation. The court shall strictly construe eminent domain |
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| 302 | | - | statutes in favor of t he property owner and against the condemning |
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| 303 | | - | authority. |
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| 296 | + | C. The owner of private property has a right to have a court |
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| 297 | + | determine whether private property is being taken for a public or |
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| 298 | + | private use, to remediate an abandoned property, to remediate |
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| 299 | + | blighted property, or if such taking is required to fulf ill the |
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| 300 | + | public use as stated in the petition for condemnation . The court |
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| 301 | + | shall strictly construe eminent domain statutes in favor of t he |
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| 302 | + | property owner and against the condemning authority. |
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| 304 | 303 | | D. A governmental body subordinate to the state may not |
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| 305 | 304 | | exercise, create, extend or expa nd a power of eminent domain in the |
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| 306 | 305 | | absence of statutory authority. Additional procedures, remedies or |
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| 307 | 306 | | limitations that do not deny or diminish the substantive and |
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| 308 | 307 | | procedural rights and protections of property owners under this |
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| 309 | 308 | | section may be provided by other law, ordinance or charter. |
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| 310 | 309 | | SECTION 5. This act shall become effective November 1, 2021. |
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