Judiciary Committee

JOINT FAVORABLE REPORT

Bill No.:

SB-517

Title:

AN ACT CONCERNING THE PROVISION OF NOTICE OF CONDEMNATION AND ASSESSMENT OF DAMAGES FROM THE COMMISSIONER OF TRANSPORTATION TO A PERSON HAVING AN INTEREST OF RECORD.

Vote Date:

4/2/2018

Vote Action:

Joint Favorable

PH Date:

3/26/2018

File No.:

554

Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and does not represent the intent of the General Assembly or either chamber thereof for any purpose.

SPONSORS OF BILL:

Judiciary Committee

REASONS FOR BILL:

Under current law, the Department of Transportation (DOT) commissioner must give notice of the assessment to each person who has an interest of record in the land. The bill allows the commissioner to send such notice to the person or the person's designated agent.

By law, DOT may take a person's land for a number of reasons, including when it is needed for the layout, alteration, extension, widening, or other improvement of a state highway (“eminent domain”). However, the state must pay the property owner for all damages. The DOT commissioner must (1) assess the damages, (2) file the assessment with the Superior Court for the judicial district where the land is located, and (3) sign and file a certificate with the town clerk to record the taking of the property.

RESPONSE FROM ADMINISTRATION/AGENCY:

None expressed.

NATURE AND SOURCES OF SUPPORT:

None expressed.

NATURE AND SOURCES OF OPPOSITION:

None expressed.

Reported by: Tamara Morris

Date: April 23, 2018