House Amendment 8021


PAG LIN




     1  1    Amend House File 2351 as follows:
     1  2 #1.  By striking everything after the enacting
     1  3 clause and inserting the following:
     1  4    <Section 1.  NEW SECTION.  6A.22  CONTESTING USE OF
     1  5 EMINENT DOMAIN AUTHORITY FOR CERTAIN ECONOMIC
     1  6 DEVELOPMENT ACTIVITIES == BURDEN OF PROOF.
     1  7    1.  The exercise of eminent domain authority for a
     1  8 public use, public purpose, or public improvement
     1  9 includes condemnation of property, except agricultural
     1 10 property, for economic development activities
     1 11 resulting in increased tax revenues, increased
     1 12 employment opportunities, housing and residential
     1 13 development, or commercial or industrial development
     1 14 if such activities are part of a plan adopted by the
     1 15 governing body of a city or county after due
     1 16 deliberation and public input.
     1 17    2.  In any action contesting whether eminent domain
     1 18 authority is being exercised appropriately under this
     1 19 section, the burden of proof is on the city or county,
     1 20 as applicable, to prove by a preponderance of the
     1 21 evidence that the proposed use of the property is for
     1 22 an economic development activity as described in
     1 23 subsection 1, and that there is no prudent and
     1 24 feasible alternative to condemnation of the property.>
     1 25 #2.  Title page, by striking lines 1 through 4, and
     1 26 inserting the following:  <An Act relating to the
     1 27 exercise of eminent domain authority for certain
     1 28 economic development activities.>
     1 29 #3.  By renumbering as necessary.
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     1 33 TOMENGA of Polk
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     1 36                               
     1 37 R. OLSON of Polk
     1 38 HF 2351.201 81
     1 39 sc/sh/3552
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