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07-26-2006 Council Agenda
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07-26-2006 Council Agenda
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Mr. Joel R. Hanson <br />July 19, 2006 <br />Page Seven <br />In summary, Chapter 214, Laws 2006, substantially changes the statutes <br />goveming eminent domain. The new legislation provides greater compensation to <br />property owners and greater expense to the acquiring authority. Use of eminent domain <br />is limited to projects for "public use" or "public purposes ", as defined in Chapter 214. <br />The new statute provides for payment of attorney fees to property owners who contest the <br />use of eminent domain in certain circumstances. It also provides property owners a <br />"right of first refusal" to buy back property no longer needed for a public purpose. The <br />new law increases the amount of appraisal fees, relocation expenses, and reimbursement <br />for loss of a going concern under certain circumstances. The new law modifies the <br />appraisal and negotiation requirements relative to all acquisitions. <br />Would you please review the enclosed and forward the same to the Mayor and <br />Council Members for their review. If anyone has any questions relative to this matter, <br />please contact the undersigned. <br />Very truly yours, <br />SWEENEY, BORER & SWEENEY <br />l\t--n- /J 'tr—e_e <br />Thomas M. Sweeney <br />TMS:jnm <br />
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