Legislature(1997 - 1998)
02/25/1998 01:35 PM Senate CRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
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.
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