Economic Development:

No Condemning Authority shall acquire Private Property through Eminent Domain solely for economic development purposes.

"Economic Development" means a use of a Property which would provide an increase in the tax base, tax revenues, employment, and general economic health. Economic Development does not include the elimination of blighted, substandard, or unsanitary conditions.

Blight Determination:

Where Eminent Domain authority is based upon a determination of blight, the Condemnor shall individually consider each parcel in the defined area with regard to whether the Property meets the relevant statutory definition of blight. If the Condemnor finds a preponderance of the Redevelopment Area is blighted, it may proceed with Condemnation of any parcels in such area.

The statute says that farmland cannot be declared blighted for the purposes of exercising Eminent Domain. However, farmers are not out of the threat yet because the statute does not specifically prohibited farmland from being included within the boundaries of a redevelopment area.

No action to acquire property by Eminent Domain within a Redevelopment Area shall be commenced later than 5 years from the date of the legislative determination, by ordinance, or otherwise, that the property is blighted, substandard, contains unsanitary conditions, or is eligible for classification within a conservation area and such determination may be renewed for successive 5 year periods.

The court must find “substantial evidence” supporting a determination of blight; therefore the burden to prove a preponderance of blight is on the Condemnor. The Court’s determination of “Blight” is then able to be appealed on an ‘expedited” basis.

The Order of Condemnation:

The Court’s Order of Condemnation is predicated on the Condemnor having authority to condemn the property and having made a Good Faith Offer to acquire the Property.

Appointment and Duties of Commissioners:

The Court appoints three disinterested Commissioners, who are residents of the County where the Property is located.

Commissioners’ Viewing:

The Commissioners are to view the property and improvements thereon. Prior to the Property viewing, the Commissioners must provide all parties with at least ten (10) days notice so that they may accompany the Commissioners at the viewing.

Commissioners’ Hearing:

The Commissioners are also to provide the property owners with at least ten (10) days notice of the Commissioners’ Hearing so that property owners can be prepared to present information and arguments regarding the Fair Market Value of the Property and the amount of Just Compensation due to the Property Owner.

Commissioners’ Award:

The Commissioners’ then notify the parties and the Court of the amount of the Commissioners’ Award by filing a Commissioners’ Report with the Clerk. Only two of the Commissioners must sign the Commissioners’ Report for it to be effective.

Condemnor’s Abandonment of Project/Taking:

Should the Condemning Authority no longer wish to acquire the Property, the Condemning Authority may, within 10 days of the filing of the Commissioners’ Report, file a written election to Abandon the Taking. If the Taking is Abandoned, then the Property Owner can ask the Court for reimbursement of their costs including attorneys fees, expert fees, and compensation for any actual damages that resulted from the pending Condemnation.

Payment of the Commissioners’ Award:

Once the Commissioners’ Report is filed, the Condemnor has 30 days to pay the amount of the Commissioners’ Award into Court. If the Condemnor fails to pay the amount into Court and does not file a written election to abandon the Taking, then the Condemnor must pay 6% interest per annum on the amount of the Award or subsequent Jury Verdict.

Exceptions (a/k/a Right to a Jury Trial):

Both parties may file Exceptions to the Commissioners’ Award. Such filing must be made within 30 days from the parties’ receipt of the Court Clerk’s notice of the filing of the Commissioners’ Report. Exceptions effectively request a Jury Trial on the issue of Just Compensation. Exceptions should be filed in every case to protect the parties and preserve their rights.

Motion for Distribution:

Property Owners are permitted to withdraw the Commissioners’ Award from Court via a Motion for Distribution. All named parties with interests in the Property need to be accounted for in such Motion. A Property Owners’ withdrawal of the Commissioners’ Award from Court does not prohibit the property owners from continuing their challenge of the Commissioners’ Award.