Adopted

AMENDMENT NO 1 PROPOSED TO

Cmte Sub for House Bill No.  190

BY: Representative Gadd

     AMEND by striking Section 1 in its entirety and inserting the following in lieu thereof:

     SECTION 1.  (1)  If any agency, department, commission, board, bureau, institution or other instrumentality of the state, or any county, any municipality or any political subdivision or instrumentality thereof owns any real property that was acquired through condemnation or eminent domain proceedings and such property:

          (a)  Is not being used for a public purpose,

          (b)  Has not been used for a public purpose during a period of at least fifteen (15) consecutive years at any time since its acquisition by the governmental entity, and

          (c)  There are no definitive plans by the governmental entity for use of the property for a public purpose in the immediate future,

then the person or persons who owned the property at the time it was condemned, or a child of any such person, may petition the governmental entity that acquired the property to force sell of the property, or any portion thereof, to the petitioner or petitioners provided that the property was acquired by the governmental entity not more than forty (40) years before the filing of the petition.  The petition must clearly describe the property, document the original condemnation, identify the owner from whom the property was taken and all of the owner's children at law and allege nonuse of the property for a public purpose as provided in paragraphs (a), (b) and (c) of this subsection.

     (2)  Within ninety (90) days after receiving the petition, the governmental entity must respond to the petition by making a written finding and entering upon its official minutes a statement indicating use or nonuse of the property for a public purpose as provided in paragraphs (a), (b) and (c) of subsection (1) of this section. 

     (3)  If the governmental entity fails to respond timely or alleges in its findings use of the property for a public purpose, then the petitioner or petitioners may institute legal proceedings for the purpose of compelling the governmental entity to respond or for the purpose of taking exception to the findings of the governmental entity.

     (4)  If the governmental entity responds in its findings nonuse of the property for a public purpose, then the original owner or his children have not more than one (1) year to provide the governmental entity with all documentation necessary to prove original ownership and to prove that the petitioner is the original owner or a child of the original owner, along with proof that all persons authorized to file the petition have been notified of the petition and have joined in the petition, have no objection to the petition or have failed to respond wit`hin ninety (90) days after having been notified.  Notice to all persons authorized to file the petition who have not joined in the petition shall be given in the same manner and in accordance with the same procedure as service of process in civil cases.  Upon receipt of such documentation, the governmental entity has ninety (90) days to execute all documents required to convey the property to the petitioner at the price originally paid for the property together with the fair market value of any improvements thereon, less such amount, if any, as the person or persons from whom the property was condemned, or the children of any such person, shows by good and sufficient documentation to be the amount of income and transaction taxes, if any, actually paid in connection therewith.  Any such conveyance may be made by quitclaim deed of the governing authorities of the governmental entity. 

     (6)  This section shall not be applicable to property that a governmental entity has conveyed or otherwise disposed of before July 1, 2006.

     AMEND FURTHER, the title, line 4, by deleting the words "HEIRS AT LAW" and inserting in lieu thereof the words "CHILDREN".