Sponsor Statement for SB 190

Require Negotiations Prior to Eminent Domain Taking

I introduced SB 190 to bring fairness and expediency to state and municipal government actions which require the acquisition of private land for public purposes. The usual practice is to acquire private property through condemnation proceedings. This is a process where the governmental entity exercises the power of eminent domain to take the property and compensate the owner with or without the private owner’s consent or agreement. The only recourse for an unwilling owner is to challenge in court the validity of the takings public purpose and the amount of compensation. In most cases the court’s consideration is principally to determine the appropriate level of compensation. For both the governmental entity and the private property owner, this can be an expensive and time consuming procedure. For many landowners the prospect of contesting a condemnation proceeding in court is often beyond the landowner’s financial abilities to pursue. In these situations, the landowner is at the mercy of the governmental entity, the extent of its property desires, and its method of determining compensation.

SB 190 would simply require that, prior to condemnation, a "good faith" effort is made to purchase private property through negotiations with the property owner. At least 23 states have similar requirements.