Bills › 88th General Assembly
Allowing a landowner of agricultural land to obtain relief from a government body for its use of adjacent real property
Where it is now
- Done: IntroducedMarch 5, 2019
- Done: SubcommitteeMarch 18, 2019
- Stopped: Senate committeeDied when the General Assembly ended
- Next: Passes the Senate
- Next: House committee
- Next: Passes the House
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
This bill relates to cases in which land is held by a government body (a state agency or political subdivision) and the government body’s use of such land may negatively affect adjoining agricultural land. The government body’s use of government-held land could involve interfering with the agricultural landowner’s access to the agricultural land or a diminution of the fair market value of the agricultural land. The agricultural landowner may commence a proceeding to obtain relief by filing a petition for redress with a county board of supervisors.
Read the full explanation
The county board of supervisors must approve the appointment of five commissioners by the chief judge of the judicial district for that county. The commissioners must inspect the land held by both parties and make a decision which may include an order requiring the government body to grant the agricultural landowner access to the agricultural land or award the landowner compensatory damages. The decision is final unless appealed to the district court. The bill provides that the government body shall pay costs of the proceeding, including the agricultural landowner’s attorney fees, if the amount of damages awarded exceed percent of the amount of damages claimed by the agricultural landowner. The government body must also pay the costs of the appeal, including attorney fees unless the district court at trial or a court on further appeal awards the same or a lesser amount of damages.
Senate subcommittee
Named March 18, 2019. It hasn’t reported yet.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part