SCS/SB 1018 - Currently, if a party files exceptions to the award by the commissioners in any condemnation case and a jury trial occurs, the circuit judge presiding over the condemnation proceeding shall determine the just compensation for the property, whether a homestead taking has occurred, whether heritage value is payable, and shall increase the jury verdict to provide for the additional compensation when applicable. This act provides if such jury trial shall occur and the circuit judge presiding over the condemnation proceeding has determined that a homestead taking has occurred or that the heritage value is payable, the circuit judge shall determine the just compensation of the property and shall increase the jury verdict to provide for the additional compensation when applicable. Additionally, if the plaintiff is a city, town, or village incorporated in this state that moves for the exclusion of the heritage value and shows after an evidentiary hearing by a preponderance of the evidence that the property taken has been abandoned, declared a nuisance and been ordered to be vacated, demolished or repaired after notice and hearing, or materially and negatively contributed to a blighted area, a circuit judge who determines that heritage value is payable shall not increase the commissioners' award nor the jury verdict to provide for the additional compensation due where the heritage value applies.
This act is identical to a provision in the truly agreed to and finally passed CCS/SS/SCS/HCS/HB 1606 (2022) and is similar to HCS/HB 2443 (2022).
KATIE O'BRIEN