SB 83

This bill makes a number of changes to the laws governing condemnation in

general, and to the laws governing the condemnation of blighted property in

particular, including the following:

1. Under current law, an entity vested with the power of eminent domain may

acquire property by condemnation for any public purpose. This bill provides that

property may be condemned only for the following public uses:

(a) The possession, occupation, and ownership of the property by a public

agency for the enjoyment of the public agency or the general public.

(b) The establishment or operation of a public utility.

(c) The elimination of blighted property.

2. Current law provides that, in general, property that is not blighted may not

be condemned if the condemnor intends to convey the property to a private entity.

This bill narrows the meaning of "blighted property," thus expanding the scope of the

prohibition. The bill also requires a condemnor who intends to convey property to

a private entity to make additional written findings before commencing the

condemnation. The condemnor must find that the property has been cited for one

or more violations of state or local building codes, that the violations have not been

remedied despite at least two notices to do so, and that the cost of remedying the

violations is equal to more than one-half the assessed value of the property,

excluding the value of the land.

3. Currently, a municipality may use a special procedure to condemn blighted

residential property. The special procedure allows such condemnations to occur

more quickly. This bill eliminates the special procedure and also requires that all

condemnations by a housing authority, redevelopment authority, or community

development authority be conducted using the regular procedure.

4. The bill specifies that whenever a property owner wishes to contest the right

of a condemnor to condemn his or her property in court, the owner's failure to raise

specific objections before receiving the condemnor's jurisdictional offer does not

preclude the owner's claim. The bill provides that in an action to contest the right

of a condemnor to condemn the owner's property, if the condemnor's intent is to

eliminate blight, the condemnor must prove by a preponderance of the evidence that

the owner's property is blighted property.

5. Currently, in most condemnation proceedings, the condemnor determines

the necessity of the taking. In certain instances involving public utilities, the Public

Service Commission (PSC) must issue a certificate of public convenience and

necessity, which constitutes the determination of the necessity of the taking. This

bill provides that in all cases except those in which a certificate of public convenience

and necessity suffices, a judge must determine the necessity of the taking, which

must be established by a preponderance of the evidence. The bill also provides that

the determination by the PSC of the necessity of taking an undeveloped water power