Bill No.:                     SF0118                                   Drafter:  DKG

LSO No.:                   13LSO-0229                         Effective Date:  7/1/2013

Enrolled Act No.:    SEA0081

Chapter No.:            CH0201

Prime Sponsor:       Senator Driskill

Catch Title:              Eminent domain-2.

Subject:                     Modifying provisions relating to eminent domain proceedings.

Summary/Major Elements:

· This act specifies that a condemnor has the burden of proving statutorily prescribed criteria in a condemnation action and that failure to do so shall result in dismissal of the action without prejudice.

· If a court or jury finds that the fair market value of the property being condemned is more than 115% of the final offer of the condemnor, the condemnor shall reimburse the condemnee for reasonable litigation expenses incurred after the receipt of the final offer.

· A public entity condemning property is to report to the Attorney General regarding attorney’s fees and expenses required to be paid by the entity in condemnation actions.  The Attorney General is to report this information annually to the Governor commencing July 31, 2014.

· Modifies a provision regarding determination of fair market value to specify that the determination may include values paid by both public and private entities.

Comments:

· Report Required – public entities must report to the Attorney General and the Attorney General must report to the Governor as noted above.