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2017 House Bill 4070: Revise government eminent domain takings detail
Introduced by Rep. Klint Kesto (R) on January 24, 2017 To require state agencies to pay attorney fees and court costs of private property owners if a "governmental action" results in a loss of value and the department or agency failed to consult guidelines on government takings promulgated by the Attorney General. Also, to apply these rules on "takings" to the state Agriculture department in addition to the Natural Resources, Environmental Quality, and Transportation departments. Current law defines "governmental actions" for which compensation is required as including certain permit or license denials, restrictive conditions on these and more. The state and federal constitutions require governments to compensate owners when their property is taken.   Official Text and Analysis.
Referred to the House Agriculture Committee on January 24, 2017
Reported in the House on March 15, 2017 With the recommendation that the substitute (H-1) be adopted and that the bill then pass. The substitute expands the bill to cover all state agencies.
Passed 76 to 31 in the House on March 28, 2017.
    See Who Voted "Yes" and Who Voted "No".
To require state agencies to pay attorney fees and court costs of private property owners if a "governmental action" results in a loss of value and the department or agency failed to consult guidelines on government takings promulgated by the Attorney General. Also, to apply these rules on "takings" to all state departments, not just the Natural Resources, Environmental Quality, and Transportation departments. Current law defines "governmental actions" for which compensation is required as including certain permit or license denials, restrictive conditions on these and more. The state and federal constitutions require governments to compensate owners when their property is taken.
Received in the Senate on March 29, 2017
Referred to the Senate Oversight Committee on March 29, 2017

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