This bill amends the state's authority to seize privately owned property during declared emergencies by introducing stricter limitations and procedural requirements. Specifically, it clarifies that the provisions do not apply to personal property, real estate, or real estate improvements intended for individual or family use. The bill stipulates that property can only be taken when there is a documented inability to obtain alternative resources, and mandates that the person seizing the property must present a certified warrant and a detailed receipt listing the property taken.
Additionally, the bill revises compensation provisions for property owners, replacing the term "damages" with "replacement costs, compensation for loss of use, and attorney and administrative fees needed in filing the claim." It establishes a commission appointed by the chief justice to assess fair compensation for the property taken, including loss of use and associated fees. Furthermore, it grants the original owner the right of first refusal to repurchase their property at market price after it has been taken. The act is set to take effect on January 1, 2027.
Statutes affected: Introduced: 4:46
HB1611 text: 4:46