02/25/1998 01:35 PM Senate CRA

        SB 190- ATTEMPT TO PURCHASE BEFORE EMINENT DOMAIN                      
                                                                               
CHAIRMAN MACKIE brought SB 190 back before the committee and                   
directed attention to a proposed committee substitute addressing               
concerns raised at the previous hearing on the legislation.  He                
outlined the following changes in the committee substitute:                    
                                                                               
On page 1, line 8 the word "property" was inserted to clarify the              
phrase "interest to be taken."                                                 
                                                                               
On page 1, line 13 and page 2, line 17, the phrase "reasonable and             
diligent" was removed and replaced with the language "a good faith             
effort at negotiation."  Chairman Mackie said he thinks the                    
language still meets the spirit of what he wants to accomplish and             
that is that a good faith is made to try to work out the details               
with a person before having to condemn their property and force                
them into a litigation situation.                                              
                                                                               
Number 550                                                                     
                                                                               
SENATOR DONLEY suggested he would like to see language clarifying              
that the burden is on the person opposing the condemnation to prove            
that there was no good faith effort, which he thought would be a               
step towards a middle ground between the Chair's goals and concern             
expressed by committee members.  CHAIRMAN MACKIE responded that the            
next committee of referral for the bill is the Judiciary Committee             
and he thought that particular language could be considered there.             
                                                                               
Number 533                                                                     
                                                                               
SENATOR PHILLIPS reiterated that when there have been projects in              
his district, the experience between DOT and the property owners               
has been real good.  He is concerned that by making these changes,             
one person could delay a project that 99.9 percent of the people               
support.                                                                       
                                                                               
CHAIRMAN MACKIE commented that he fails to see where language                  
asking that a good faith effort be made is going to hold anything              
up.                                                                            
                                                                               
SENATOR DONLEY said he agreed that a good faith effort should be               
made, but like Senator Phillips , he is concerned that the bill                
creates a new legal criteria, a new requirement that an                        
obstructionist can base litigation on.                                         
                                                                               
After brief discussion it was agreed to add Senator Donley's                   
suggested language to the proposed committee substitute.                       
                                                                               
SENATOR DONLEY moved a conceptual amendment to the end of line 1 on            
page 2, which adds a new sentence to read:  "In a proceeding to                
oppose condemnation, the burden of proof shall be on the party                 
opposing the condemnation to prove that the state failed to use a              
good faith effort."  Hearing no objection, the Chairman stated the             
conceptual amendment was adopted.                                              
                                                                               
Number 425                                                                     
                                                                               
CHAIRMAN MACKIE requested a motion to adopt the proposed committee             
substitute with the new language included.                                     
                                                                               
SENATOR WILKEN moved the adoption of CSSB 190(CRA).  Hearing no                
objection, it was so ordered.                                                  
                                                                               
SENATOR WILKEN moved CSSB 190(CRA) and the accompanying zero fiscal            
note be passed out of committee with individual recommendations.               
Hearing no objection, it was so ordered.