Victoria Spartz
- Republican
Author
Requires a conveyance, a mortgage, or an instrument of writing to be recorded to be: (1) acknowledged by the grantor; and (2) proven before certain specified individuals; in certain instances. Requires the summons accompanying a complaint for condemnation to include language regarding the defendant's right to object to the condemnation within 30 days from the date notice is served. Requires a court to award reasonable costs and attorney's fees to a defendant whose objection to a complaint for condemnation is sustained. Caps the amount of attorney's fees a court may award if an objection to a condemnation is sustained at $25,000. Exempts a condemnation action brought by a public utility or by a pipeline company from the bill's provisions requiring a court to award a defendant in a condemnation action the defendant's reasonable costs and attorney's fees if the defendant's objections to the proceedings are sustained in the proceedings or upon appeal. Requires a municipality to provide notice by mail to affected owners, both residents and nonresidents of the municipality, of a condemnation. Permits an affected owner to file an objection that a municipality does not have the right to exercise the power of eminent domain for the use sought. Amends the time for a remonstrance hearing for a municipal condemnation and the defendant's right to judicial review of the decision made at the hearing to 30 days. (Current law requires a remonstrance hearing to be set no less than 10 days after notice and the defendant to appeal the decision within 20 days.) Provides parties the right to appeal a court's judgment in the judicial review of a municipal condemnation. Revises the statute allowing a municipality to condemn property for economic development to require a 3/4 affirmative vote of the municipality's legislative body to exercise the power of eminent domain. (Current law requires a 2/3 affirmative vote of the municipality's legislative body.) Allows a property owner to challenge a condemnation for economic development purposes by providing clear and convincing evidence that the owner's parcel is not necessary for the project.
Signed by the Governor
Public Law 80
Signed by the President of the Senate
Signed by the Speaker
Signed by the President Pro Tempore
CCR # 1 filed in the House
Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 364: yeas 94, nays 0
Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 359: yeas 41, nays 7
CCR # 1 filed in the Senate
House advisors appointed: Sherman, Manning, DeLaney and Pierce
House conferees appointed: Wolkins and Bauer
Senate conferees appointed: Spartz and Taylor G
Senate dissented from House amendments
Returned to the Senate with amendments
Motion to dissent filed
Senate advisors appointed: Koch, Randolph Lonnie M, Buck and Mrvan
Third reading: passed; Roll Call 262: yeas 62, nays 31
Representative Manning added as cosponsor
Amendment #1 (Shackleford) failed; Roll Call 230: yeas 28, nays 62
Second reading: ordered engrossed
Committee report: amend do pass, adopted
Referred to the House
Senator Raatz added as coauthor
Senator Buck added as coauthor
Third reading: passed; Roll Call 85: yeas 43, nays 7
House sponsor: Representative Wolkins
Senator Randolph added as coauthor
Senator Rogers added as coauthor
Amendment #1 (Spartz) prevailed; voice vote
Senator Koch added as second author
Second reading: amended, ordered engrossed
Committee report: amend do pass, adopted
Authored by Senator Spartz
| Bill Text Versions | Format |
|---|---|
| Introduced Senate Bill (S) | |
| Senate Bill (S) | |
| Engrossed Senate Bill (H) | |
| Senate Bill (S) | |
| Enrolled Senate Bill (S) |
| Document | Format |
|---|---|
| Fiscal Note: SB0340.05.ENRH.FN001 | |
| Committee Report: SB0340.04.COMH.CCH001 | |
| Committee Report: SB0340.04.COMH.CCS001 | |
| Fiscal Note: SB0340.04.COMH.FN001 | |
| Fiscal Note: SB0340.04.COMH.FN002 | |
| Fiscal Note: SB0340.04.COMH.FN003 | |
| Floor Amendment: SB0340.04.COMH.AMH002 | |
| Floor Amendment: SB0340.04.COMH.AMH003 | |
| Floor Amendment: SB0340.04.COMH.AMH004 | |
| Floor Amendment: SB0340.04.COMH.AMH005 | |
| Floor Amendment: SB0340.04.COMH.AMH006 | |
| Floor Amendment: SB0340.04.COMH.AMH007 | |
| Floor Amendment: SB0340.04.COMH.AMH001 | |
| Committee Report: SB0340.03.ENGS.CRH001 | |
| Fiscal Note: SB0340.03.ENGS.FN001 | |
| Fiscal Note: SB0340.03.ENGS.FN002 | |
| Committee Amendment: SB0340.03.ENGS.AMH07 | |
| Committee Amendment: SB0340.03.ENGS.AMH08 | |
| Committee Amendment: SB0340.03.ENGS.AMH09 | |
| Fiscal Note: SB0340.02.COMS.FN001 | |
| Floor Amendment: SB0340.02.COMS.AMS001 | |
| Committee Report: SB0340.01.INTR.CRS001 | |
| Fiscal Note: SB0340.01.INTR.FN001 | |
| Committee Amendment: SB0340.01.INTR.AMS02 |
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