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From page 20... ... the door" for payment of legal fees in eminent domain actions; allows for challenges to necessity; necessitates that all appraisals be provided to every property owner; mandates that interest that is paid must be compound interest; and requires that the DOT "must use the property within 5 years of obtaining it in a condemnation action."237 The Wyoming DOT reported that the post-Kelo reforms have affected the "process used to acquire property for highway projects."238 The changes did not affect "what could be acquired," but they did affect "how the state acquired the property."239 Wyoming's response, moreover, stated that the "greatest impact was to the ‘good faith negotiation' requirements. These changes added several steps to the process [that] Read the entire page →
From page 21... ... vide for increased notice for property owners.247 For example, state law may require the posting of a notice near the property a specified number of days before the exercise of eminent domain.248 After the Kelo case, the Tennessee legislature, among other changes, revised its quick-take method for takings from a 5-day notice that existed prior to 2006 to a 30-day notice before public agencies may take possession of a property.249 D Right of First Refusal If property is condemned but not used for the purpose for which it was taken, before the public agency may sell the property, state law may require that the property first be offered for sale to the one owning the property prior to condemnation.250 If the prior owner does not accept within a certain period the public agency's offer, such as the amount of the price paid for the property or the current fair market value, whichever is less, the property may be sold to any other private party.251 The duration of the right of first refusal of the former owner, or his or her heir or successor in interest, varies from state to state, such as 5 years in 247 WASH. Read the entire page →

From page 20...

... the door" for payment of legal fees in eminent domain actions; allows for challenges to necessity; necessitates that all appraisals be provided to every property owner; mandates that interest that is paid must be compound interest; and requires that the DOT "must use the property within 5 years of obtaining it in a condemnation action."237 The Wyoming DOT reported that the post-Kelo reforms have affected the "process used to acquire property for highway projects."238 The changes did not affect "what could be acquired," but they did affect "how the state acquired the property."239 Wyoming's response, moreover, stated that the "greatest impact was to the ‘good faith negotiation' requirements. These changes added several steps to the process [that]

Read the entire page →

From page 21...

... vide for increased notice for property owners.247 For example, state law may require the posting of a notice near the property a specified number of days before the exercise of eminent domain.248 After the Kelo case, the Tennessee legislature, among other changes, revised its quick-take method for takings from a 5-day notice that existed prior to 2006 to a 30-day notice before public agencies may take possession of a property.249 D Right of First Refusal If property is condemned but not used for the purpose for which it was taken, before the public agency may sell the property, state law may require that the property first be offered for sale to the one owning the property prior to condemnation.250 If the prior owner does not accept within a certain period the public agency's offer, such as the amount of the price paid for the property or the current fair market value, whichever is less, the property may be sold to any other private party.251 The duration of the right of first refusal of the former owner, or his or her heir or successor in interest, varies from state to state, such as 5 years in 247 WASH.

Read the entire page →

Key Terms

transportation project

transportation projects

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