EMINENT DOMAIN
Update from Karoub Associates(3/2006):
Property owners will be able to claim
additional compensation when their land is taken under governmental
eminent domain authority under a ruling released by the Court of
Appeals. The court struck down as unconstitutional a state law
banning consideration of general effects on property when
determining what is just compensation when a portion of the land is
taken.
Legislation
supporting this court decision to increase payment to people
displaced from their homes under eminent domain land acquisitions
was reported favorably from the House Government Operations
Committee recently.
The package includes
HB 5817, which would require a payment of $5,200 for individuals
and families displaced by seizure of their home under eminent
domain, and would require that the payment be given before the
person moves out. Currently, residents are paid $1,000 to cover
moving expenses, and their payments can come after they have been
displaced.
The legislation is
targeted at people who rent and may not be able to move or put a
deposit on a new apartment without the payment, said the bill's
sponsor Rep. Steve Tobocman (D-Detroit).
HB 5818 would provide reimbursement of attorney's fees for a
person whose income is below the 125 percent federal poverty level
if that person challenges the need to take their home and their
challenge is unsuccessful.
HB 5819 would also require property owners to be paid at least
30 days before they are displaced and would provide for a reasonable
time for a person to obtain a new residence.
HB 5820 would prohibit environmental contamination money that is
used to securitize remediation costs to remain in escrow. And HB
5821 would require that at the time an agency is moving forward with
its good faith offer for just compensation that a tenant be notified
of their rights.