2001 House Bill 4028 ↩

Senate Roll Call 161: Passed

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.