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Senate Bill 1054

Senate Bill 1054

Phil Haunschild
February 15, 2017

Bill description: This bill amends eminent domain procedures for determining the value of property

Rating: +2

Does it in any way restrict public access to information related to government activity or otherwise compromise government transparency or accountability? Conversely, does it increase public access to information related to government activity or increase government transparency or accountability? 

This bill protects citizens in two ways. First, a jury or referee must consider “the highest and best use thereof, the access available to the property and all other facts that relate to value.” Adding this to the Code will prevent local governments or the state from seizing private property without taking into account the true value of property to the owner. (+1)

Second, this bill specifically states a future adverse effect of eminent domain, such as placing a landfill next to a property, cannot be taken into account when determining the value of a property. The same holds true if there were a positive effect. It also precludes any effect the proceedings might have on the property or preliminary actions taken on the part of the government. This is a critical protection for the property owner, preventing the government from reducing the value of his property prior to determining the amount of damage compensation to which the owner is entitled. (+1)

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