Laserfiche WebLink
AMM News <br /> April 7, 2006 Archives <br /> Eminent Domain Update <br /> Rep. Jeff Johnson's eminent domain bill was heard on the house Floor on <br /> Thursday and passed 115 to 17. There were a number of amendments added to <br /> the bill but its over all appearance did not change that much. Both sides are now <br /> awaiting conference committee. <br /> It is anticipated that the Senate will take the bill up on the Floor on Monday, <br /> refuse to concur with the House version and request a conference committee. At <br /> that point the Senate will name conferees and send the bill back to the House, <br /> where they too will name conferees. We anticipate this all being done on <br /> Monday, with conference committee meeting as early as Tuesday. <br /> Below is a more detail listing of the amendments that passed and failed on the <br /> House Floor . <br /> • Rep. Simon offered an amendment to remove the nonconforming use <br /> portion in the bill but it failed <br /> • Rep. Olson offered an amendment to his original language prohibiting <br /> condemning authorities from condemning property for a public road if the <br /> land was not land locked. The amendment stated...and was adopted. <br /> A road authority must not acquire property by eminent domain to <br /> establish a local road or street, as defined by the Federal Highway <br /> Administration's Functional Classification Guidelines, for access to <br /> property of less than five acres that will serve projected traffic of <br /> less than 100 average daily trips, unless the property is landlocked <br /> or the road authority can show that the local road or street is <br /> necessary to cost effectively mitigate on going safety concerns. <br /> • Rep. Thissen offered an amendment dealing with inverse condemnation. <br /> The amendment stated...and was adopted. <br /> Definition. As used in this section, political subdivision means a <br /> statutory or home rule charter city or town. <br /> Person to bring action. A person may bring an action in district <br /> court to compel a political subdivision of the state to commence <br /> condemnation proceedings if. <br /> • The political subdivision of the state determines to provide, <br /> directly or indirectly, mixed municipal solid waste collection <br /> services previously provided by private persons. This is the <br /> reincarnation of a garbage haulers bill that has been <br />