HB2040 Allows for reimbursement of expenses in certain condemnation and inverse condemnation proceedings.
Sponsor: Berkstresser, Judy (141) Effective Date:00/00/0000
CoSponsor: LR Number: 2879L.01I
Last Action: 02/24/2000 - Referred: Civil and Administrative Law (H)
HB2040
Next Hearing:Hearing not scheduled
Calendar:Bill currently not on calendar
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Available Bill Summaries for HB2040 Copyright(c)
* Introduced

Available Bill Text for HB2040
* Introduced *

BILL SUMMARIES

INTRODUCED

HB 2040 -- Condemnation

Sponsor:  Berkstresser

This bill requires any entity that acquires real property for
public use to reimburse the prior owner for recording fees,
penalties for prepayment of a mortgage on the property, and the
portion of property taxes paid by the prior owner for periods in
which the property was possessed or acquired for public use.  In
addition, the bill allows an owner to collect attorney fees and
other expenses if, in a condemnation proceeding, the court
determines that the real property may not be acquired by
condemnation, the proceeding is abandoned, or the jury award
exceeds the award of the commissioners by at least 10%.  Courts
also may award to a prevailing plaintiff in an inverse
condemnation proceeding reasonable attorney fees and other
expenses.  Costs and expenses may not be awarded under the
bill's provisions if those costs and expenses have been
collected through a settlement agreement or other provisions of
law.


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Last Updated October 5, 2000 at 11:35 am