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F I S C A L I M P A C T R E P O R T





SPONSOR: Lyons DATE TYPED: 02/17/99 HB
SHORT TITLE: Condemnation Proceedings Safeguards SB 109
ANALYST: O'Connell


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
Recurring

or Non-Rec

Fund

Affected

FY99 FY2000 FY99 FY2000
NFI NFI



(Parenthesis ( ) Indicate Expenditure Decreases)



Duplicates/Conflicts with/Companion to/Relates to



SOURCES OF INFORMATION



LFC files



SUMMARY



Synopsis of Bill



Senate Bill 109 amends Section 42A-1-4 NMSA 1978 to identify and provide remedies for a condemnor's failure to thoroughly work toward settlement prior to condemnation and; a condemnor's acquisition of property prior to the completion of proper condemnation.



Significant Issues



Senate Bill 109 requires condemnors to provide condemnees with written guidelines that explain both parties' rights and responsibilities prior to the negotiation period. Also, the fees and expenses of appraisers are to be paid by the condemnor. Finally, if the condemnor takes or damages property of the condemnee's prior to making just compensation or completely adjudicating the matter in a competent court, the condemnee is awarded three times the market value of the taken or damaged property.



BOC/gm