Eminent domain; entry upon private property, calculation of just compensation, damages.
Summary
Makes various changes to provisions related to entry upon private property in an eminent domain proceeding, including (i) requiring that the number of persons for whom permission to inspect the premises is sought be included in a request for permission to inspect private property for the purposes of a project wherein the power of eminent domain may be exercised; (ii) requiring the notice of intent to enter the property to include all of the information contained in the request for permission to inspect the property; (iii) requiring the court to award fees for at least three expert witnesses if the petitioner damages the property during its entry; (iv) removing the requirement that the damage must be done maliciously, willfully, or recklessly for the owner to be reimbursed for his costs; and (v) removing the option that the owner may be reimbursed for his costs if the court awards the owner actual damages in an amount 30 percent or more greater than the petitioner's final written offer made no later than 30 days after the filing of an answer in circuit court or the return date in general district court.
Bill status
in committee
3 of 5 stages cleared
Introduction
Jan 2019
Committee Review
Feb 2019
Senate Passage
Jan 2019
House of Delegates Passage
Governor
Introduced Jan 8, 2019
Last action Feb 8, 2019
Floor votes · Senate Jan 15, 2019
How they voted
34–0
Passed
Total votes 34
Jan 15, 2019
D
Democratic14
100% Yea
R
Republican20
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
8
Key actions
1
Committee
3
Feb 8, 2019
Committee
Assigned Courts sub: Subcommittee #2
lower
Jan 21, 2019
Committee
Referred to Committee for Courts of Justice
lower
Jan 15, 2019
Senate · Passed
Senate Vote: pass (34-0)
senate
Jan 8, 2019
Committee
Referred to Committee for Courts of Justice
upper
Jan 8, 2019
Introduced
Prefiled and ordered printed; offered 01/09/19 19103612D
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Mark Obenshain
RRepublican
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