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Wednesday, March 01, 2006
Ind. Law - Telecom and eminent domain bills pass
Telecom. Yesterday the House concurred in Senate amendments to HB 1279, meaning it is on its way to the Governor. Lesley Stedman Weidenbener writes about it today in the Louisville Courier Journal, as does Deanna Martin in an AP story in the Fort Wayne Journal Gazette. More: Here is an Indianapolis Star story by business writer J.K. Wall.
For earlier ILB entries, type "telecom" in the search box.
Eminent domain. The eminent domain bill, HB 1010, passed the Senate yesterday 49-0, and now goes back to the House, where the members may either concur in the Senate amendments (there were a slew of them) or send the bill to conference committee. Niki Kelly reports today in the Fort Wayne Journal Gazette:
The bill has several major provisions, such as requiring land that is to be condemned and transferred to a private entity to be first proven to be blighted. Some examples of that would be if the land contains a structure that is unfit for habitation, a fire hazard, a public nuisance or has become infested with trash and vermin because of a lack of maintenance.The city or town would also have to pay premium prices for the land – 125 percent of fair market value for farmland and 150 percent of fair market value for residential property. Owners also could seek and win significant damages and attorneys’ fees.
The legislation would prohibit private-to-private eminent domain solely for the purpose of increasing tax base through economic development. One example of this that has been given is building a retail mall. “We emphatically say that the mere fact that you might get more tax revenue by taking land from person ‘a’ and giving it to person ‘b’ is no justification in taking a man’s land,” Bray said.
There is one exception in the bill for major projects that are at least 10 acres, don’t involve residential housing and in which 90 percent of the needed land has already been acquired. It is believed to be a narrow amendment that would most likely affect brownfield sites and abandoned industrial land.
Rep. Dave Wolkins, R-Winona Lake – the House author of the bill who has been pushing the issue for several years – said he wants to examine the amendments the Senate added but is “inclined” to accept the changes.
Posted by Marcia Oddi on March 1, 2006 07:01 AM
Posted to Indiana Law