Signed by Governor Jodi Rell

Vote Smart's Synopsis:

Vote to pass a bill that restricts the use of eminent domain to acquire private property.

Highlights:

-Prohibits the use of eminent domain to acquire private property “for the primary purpose of increasing local tax revenue” (Sec. 1). -Requires a public hearing on any proposed use of eminent domain, that this hearing be mentioned in a local newspaper of reasonable circulation at least ten days prior, and that notice of the hearing be sent by first class mail to all owners of record of the property to be acquired and all other properties within one hundred feet of the property to be acquired (Sec. 1). -Requires any use of eminent domain to be approved by a 2/3 majority of the municipality’s legislative body (Sec. 1). -Requires, should any property acquired through eminent domain be resold, that it be offered first to the original owner for a price not to exceed the fair market value of the property or the amount originally paid to the owner at the time the property was acquired (whichever is less), and that the owner be given a six-month period to repurchase the property before it is offered to any third parties (Sec. 1). -Requires the agency redeveloping any property acquired through eminent domain to prepare a detailed report describing the redevelopment plan, the community needs that will be addressed by the redevelopment, and possible alternatives to addressing those needs other than the acquisition of private property through eminent domain (Sec. 3). -Requires that any property to be acquired by eminent domain be subject to two independent appraisals by two different certified real estate appraisals, and that the compensation due the owner of the property be 125% of the average of the two appraised values (Sec. 8).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that restricts the use of eminent domain to acquire private property.

Highlights:

-Prohibits the use of eminent domain to acquire private property “for the primary purpose of increasing local tax revenue” (Sec. 1). -Requires a public hearing on any proposed use of eminent domain, that this hearing be mentioned in a local newspaper of reasonable circulation at least ten days prior, and that notice of the hearing be sent by first class mail to all owners of record of the property to be acquired and all other properties within one hundred feet of the property to be acquired (Sec. 1). -Requires any use of eminent domain to be approved by a 2/3 majority of the municipality’s legislative body (Sec. 1). -Requires, should any property acquired through eminent domain be resold, that it be offered first to the original owner for a price not to exceed the fair market value of the property or the amount originally paid to the owner at the time the property was acquired (whichever is less), and that the owner be given a six-month period to repurchase the property before it is offered to any third parties (Sec. 1). -Requires the agency redeveloping any property acquired through eminent domain to prepare a detailed report describing the redevelopment plan, the community needs that will be addressed by the redevelopment, and possible alternatives to addressing those needs other than the acquisition of private property through eminent domain (Sec. 3). -Requires that any property to be acquired by eminent domain be subject to two independent appraisals by two different certified real estate appraisals, and that the compensation due the owner of the property be 125% of the average of the two appraised values (Sec. 8).

Full Bill Text