98RS SB429


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SB 429 (BR 2623) - V. Moore, R. Roeding

     AN ACT relating to property affected by actions of state agencies.
     Create new Sections in KRS 381 to require state agencies to evaluate proposed government actions regulating the use of private property that may result in a constitutional taking; allow the Attorney General to develop guidelines to assist state agencies in identifying and evaluating governmental actions that may result in a constitutional taking; require state agencies to prepare a written assessment and analysis of the constitutional taking and its potential implications; provide that no agency shall take private property unless it is for a public purpose and just compensation is made to the property owner; private property owners who assert that a state agency has failed to prepare the written assessment and analysis according to the guidelines set forth in this Act may initiate proceedings against the agency in the Circuit Court where the real property is located; provides that if the property owner prevails they shall receive court costs and attorneys' fees in addition to the diminution in value of the property and the fair market value of the property (including transfer of the title to the government upon payment of the fair market value); prohibit any real property within the boundaries or under the jurisdiction of Kentucky from being sold to a governmental entity without the express consent of the Kentucky General Assembly.

     Mar 5-introduced in Senate
     Mar 6-to State and Local Government (S)
     Mar 24-reported favorably, 1st reading, to Consent Calendar
     Mar 25-2nd reading, to Rules; posted for passage in the Consent Orders of the Day for March 26, 1998
     Mar 26-3rd reading, passed 36-0; received in House
     Mar 27-to State Government (H)

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