This Fiscal Note is not an official copy and should not be quoted or cited.
This Fiscal Note is not an official copy and should not be quoted or cited.
Fiscal Note - SB 0072 - Requires cities and other condemnors who abandon condemnation proceedings to pay landowner's costs
COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. NO.: 0193-02
BILL NO.: SB 72
SUBJECT: Political Subdivisions: Eminent Domain, Condemnation
DATE: Original
TYPE: January 15, 1999
FISCAL SUMMARY
|
ESTIMATED NET EFFECT ON STATE FUNDS | |||
| FUND AFFECTED | FY 2000 | FY 2001 | FY 2002 |
| Total Estimated
Net Effect on All State Funds |
$0 | $0 | $0 |
|
ESTIMATED NET EFFECT ON FEDERAL FUNDS | |||
| FUND AFFECTED | FY 2000 | FY 2001 | FY 2002 |
| Total Estimated
Net Effect on All Federal Funds |
$0 | $0 | $0 |
|
ESTIMATED NET EFFECT ON LOCAL FUNDS | |||
| FUND AFFECTED | FY 2000 | FY 2001 | FY 2002 |
| Local Government | $0 | $0 | $0 |
Numbers within parentheses: ( ) indicate costs or losses
This fiscal note contains 3 pages.
FISCAL ANALYSIS
ASSUMPTION
Department of Transportation (DHT) officials stated that fiscal impact would depend upon the number of condemnations abandoned and the amount of fees assessed. Officials stated they very rarely abandon an acquisition on a project and assume this proposal would have minimal fiscal impact.
Oversight assumes if DHT were to abandon a condemnation proceeding in a given year, any related costs would be absorbed with existing appropriations.
Department of Conservation (MDC) officials assume this proposal would have no fiscal impact on MDC funds since it is the Department's policy not to use condemnation.
Office of Administration (OA) - Division of Design and Construction (D&C) assume this proposal would have no fiscal impact to their division or state funds.
Officials of the City of West Plains assume no fiscal impact.
Oversight assumes this proposal could result in (unknown) costs to certain local governments in a given year, however, any costs could be reduced and possibly eliminated if condemnation proceedings were more thoroughly investigated and evaluated to determine the value of pursuing them before legal action is initiated.
Oversight assumes the proposal would result in substantial planning and will show fiscal impact as zero to local governments.
| FISCAL IMPACT - State Government | FY 2000 | FY 2001 | FY 2002 |
| (10 Mo.) | |||
| $0 | $0 | $0 | |
| FISCAL IMPACT - Local Government | FY 2000 | FY 2001 | FY 2002 |
| (10 Mo.) | |||
| $0 | $0 | $0 | |
| FISCAL IMPACT - Small Business | |||
| Small businesses involved in condemnation proceedings could be impacted by this proposal as it would provide additional protection when proceedings are abandoned. | |||
DESCRIPTION
This proposal requires cities and other condemners who abandon condemnation proceedings to pay the land owner's costs, expenses, and reasonable attorney fees.
This legislation is not federally mandated, would not duplicate any other program and would not require additional capital improvements or rental space.
SOURCES OF INFORMATION
Missouri Department of Transportation
Missouri Department of Conservation
Office of Administration-Division of Design and Construction
City of West Plains
NOT RESPONDING: Kansas City, Jackson County, St. Louis County, St. Louis County, Columbia, Fulton, Springfield, St. Charles, St. Joseph, and Poplar Bluff.
Jeanne Jarrett, CPA
Director
January 15, 1999