Introduced
by
To permit local governments to more easily condemn and take real property from an owner if the municipality determines that the property is "blighted" according to one or more broadly defined conditions. The municipality could then transfer the property to a private developer. Among the conditions which could trigger condemnation are those likely to cause a negative impact on surrounding property values, including a structure or lot regarded as a fire hazard or public nuisance because of its physical condition or use, one whose condition is dilapidated, derelict, or dangerous, or one which is lacking in facilities and equipment required by the local housing code. Also, a structure considered an attractive nuisance to children because of its physical condition, including, but not limited to, abandoned wells, shafts, basements, or excavations, and unsafe fences or structures.
Referred to the Committee on Land Use and Environment
Substitute offered
To defeat a substitute which contained an earlier version of the bill. This is a procedural vote.
The substitute failed by voice vote
Substitute offered
by
To replace the previous version of the bill with a version recommended by the committee which reported it. The substitute incorporates changes resulting from committee testimony and deliberation. These changes do not affect the substance of the bill as previously described.
The substitute passed by voice vote
Passed in the House 77 to 25 (details)
To permit local governments to more easily condemn and take real property from an owner if the municipality determines that the property is "blighted" according to one or more broadly defined conditions. The municipality could then transfer the property to a private developer. Among the conditions which could trigger condemnation are those likely to cause a negative impact on surrounding property values, including a structure or lot regarded as a fire hazard or public nuisance because of its physical condition or use, one whose condition is dilapidated, derelict, or dangerous, or one which is lacking in facilities and equipment required by the local housing code. Also, a structure considered an attractive nuisance to children because of its physical condition, including, but not limited to, abandoned wells, shafts, basements, or excavations, and unsafe fences or structures.
Substitute offered
To replace the previous version of the bill with a version recommended by the committee which reported it. The substitute exempts from the provisions of the bill industrial structures or lots zoned industrial, structures or lots inherent to the operation of a farm, and single family owner-occupied homes. It authorizes a court to award to a property owner costs incurred in appealing a city's actions, including but not limited to attorney fees, if the court determines the municipality has acted in bad faith. The substitute also narrows the definition of “attractive nuisance” to a condition where there is a reasonable likelihood that children would contact or be exposed to an unreasonable risk of death or serious bodily harm. The substitute was amended to revise specified time intervals between notices and hearings or other actions authorized by the bill, which reflects the substitute's exemption of single family owner occupied homes.
The substitute passed by voice vote
Passed in the Senate 33 to 2 (details)
To permit municipalities to more easily use their power of eminent domain to condemn and take real property from an owner if the municipality determines that the property is "blighted" according to one or more broadly defined conditions. The municipality could then transfer the property to a private developer. Among the conditions which could trigger condemnation are those likely to cause a negative impact on surrounding property values, including a structure or lot regarded as a fire hazard or public nuisance because of its physical condition or use, one whose condition is dilapidated, structurally unsafe, unfit for human habitation, lacking utilities, water, heat, sewage connections, or facilities and equipment required by the local housing code. Also, a structure considered an attractive nuisance because there is a reasonable likelihood that children could contact or be exposed to an unreasonable risk of death or serious bodily harm. Industrial structures or lots zoned industrial, structures or lots inherent to the operation of a farm, and single family owner-occupied homes are exempt. If a court determines that a municipality has acted in bad faith in using the statute, it may award to the property owner costs incurred in appealing the city's actions, including but not limited to attorney fees.
Passed in the House 73 to 27 (details)
To concur with the Senate-passed version of the bill.
