AB 731

This bill makes the following changes in the laws governing condemnation

proceedings:

1. Current law requires a condemnor to provide a property owner with an

appraisal of the property and to inform the owner of his or her right to obtain an

appraisal of the property at the condemnor's expense. If the owner obtains an

appraisal, he or she must submit it to the condemnor within 60 days of receiving the

condemnor's appraisal.

This bill provides that in any subsequent appeal, the owner may use only the

appraisal received from the condemnor or the appraisal submitted to the owner, as

described above.

2. Current law authorizes a property owner to appeal to the condemnation

commission or circuit court the amount of compensation agreed to by the owner in

cases where acquisition of the property occurred as the result of a negotiated

settlement. The appeal must be filed within six months after the conveyance is

recorded.

This bill eliminates this provision. The property owner retains the right to

refuse a negotiated settlement and appeal the amount of a subsequent condemnation

award.

3. Under current law, court costs must be allowed in any condemnation

proceeding except in certain circumstances. The court must award litigation

expenses (a higher amount that includes reasonable attorney, appraisal, and

engineering fees) to the condemnee if the award of the condemnation commission or

a jury verdict exceeds the jurisdictional offer or the highest written offer prior to the

jurisdictional offer by at least $700 and at least 15 percent.

This bill provides that if the award of the condemnation commission meets that

condition, reasonable attorney fees are limited to an amount equal to one-third of

the amount of that award. The bill also provides that if the condemnee appeals the

award of the condemnation commission, and the jury verdict meets that standard or

exceeds the award of the condemnation commission by at least $700 and at least 15

percent, reasonable attorney fees are limited to an amount equal to one-third of the

difference between the award of the condemnation commission and the jury verdict.