IN SB0054 | 2012 | Regular Session
Status
Spectrum: Partisan Bill (Republican 22-0)
Status: Engrossed on January 26 2012 - 50% progression, died in committee
Action: 2012-01-31 - First reading: referred to Committee on Judiciary
Pending: House Judiciary Committee
Text: Latest bill text (Amended) [HTML]
Status: Engrossed on January 26 2012 - 50% progression, died in committee
Action: 2012-01-31 - First reading: referred to Committee on Judiciary
Pending: House Judiciary Committee
Text: Latest bill text (Amended) [HTML]
Summary
Provides that before a state supported college or university may acquire property that contains an operating business through the use of eminent domain, the college or university must pay to the owner of the property: (1) the fair market value of the real property and all improvements pertaining to the real property; and (2) compensation for the loss of the value of the business as a going concern, unless the college or university establishes that the loss of the value of the business as a going concern is not caused by the taking of the property or by injury to the owner's remaining property, or that the loss of the value of the business as a going concern can be reasonably prevented or mitigated by relocating the business or trade in the same or a similar and reasonably suitable location. Specifies that the compensation required does not include any compensation for a loss to the value of the business as a going concern that: (1) is mitigated by relocating the business or trade in the same or a similar and reasonably suitable location; or (2) could be prevented if the owner of the property takes the actions and adopts the policies that a reasonable prudent person of a similar age and under similar conditions as the owner would take and adopt in preserving the value of the business as a going concern.
Title
State university use of eminent domain.
Sponsors
Roll Calls
2012-01-26 - Senate - Senate - Third reading: passed (Y: 34 N: 13 NV: 1 Abs: 2) [PASS]
2012-01-24 - Senate - Senate - Amendment 1 (Taylor), failed (Y: 9 N: 40 NV: 1 Abs: 0) [FAIL]
2012-01-24 - Senate - Senate - Amendment 1 (Taylor), failed (Y: 9 N: 40 NV: 1 Abs: 0) [FAIL]
History
| Date | Chamber | Action |
|---|---|---|
| 2012-01-31 | First reading: referred to Committee on Judiciary | |
| 2012-01-26 | Cosponsor: Rep. Mahan | |
| 2012-01-26 | House sponsor: Rep. Wolkins | |
| 2012-01-26 | Referred to the House | |
| 2012-01-26 | Third reading: passed; Roll Call 81: yeas 34 and nays 13 | |
| 2012-01-24 | Amendment 1 (Taylor), failed; Roll Call 53: yeas 9, nays 40 | |
| 2012-01-24 | Amendment 2 (Tallian), failed; voice vote | |
| 2012-01-24 | Second reading: ordered engrossed | |
| 2012-01-23 | Senators Lawson, Bray and M. Young added as coauthors | |
| 2012-01-23 | Senator Head added as second author | |
| 2012-01-23 | Senator Head removed as coauthor | |
| 2012-01-20 | Senator Miller added as coauthor | |
| 2012-01-19 | Senators Banks and Kruse added as coauthors | |
| 2012-01-19 | Committee report: amend do pass, adopted | |
| 2012-01-17 | Senator Steele added as coauthor | |
| 2012-01-17 | Senators Tomes, Boots, Holdman, Charbonneau and Smith added as coauthors | |
| 2012-01-17 | Senators Gard, Delph and Schneider added as coauthors | |
| 2012-01-12 | Pursuant to Senate Rule 68(b); reassigned to Committee on Appropriations | |
| 2012-01-12 | Committee report: amend do pass, adopted | |
| 2012-01-04 | Senator Head added as coauthor | |
| 2012-01-04 | First reading: referred to Committee on Corrections, Criminal, and Civil Matters | |
| 2012-01-04 | Authored by Senator Eckerty |
