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- May 29, 2020
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House Vote: 4-0-3
Senate Vote: 3-0-0
Provide the DEC the Power of Eminent Domain
The people of Democracy Craft, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:
1 - Short Title and Enactment
(1) This Act may be cited as the “Eminent Domain Act”.
(2) This Act shall be enacted immediately upon its signage.
(3) Authored by Speaker Krix and Senator hugebob23456
2 - Reasons
(1) The DEC may on occasion need to repossess land from the public for building projects.
3 - Terms
(1) The DEC may at any time decide the need to purchase privately owned property in order to complete public works programmes or build necessary buildings/facilities in the area. The DEC may also purchase property in order to revitalise areas through Urban renewal.
(2) In order for the DEC to purchase property they must speak with the owner of the property and make them an offer for their land/property.
The government may also offer them a different building/plot in compensation but it must be of similar value or worth and if it is worth less the difference must be made up through cash but the property being given in order to compensate the eminent domain property owner can not be worth less than the one given in compensation.
If the property owner agrees to sell their property funds would then be taken out of the DEC Government Budget and transferred to the player in exchange for their property.
If the player does not agree to sell their property the Government has the option to find a new property owner who is willing to sell their property if their plot is a viable alternative or Re evaluate the project and see if it is worth eminent domain and if the eminent domain is needed. The final option the government has if they want to forcefully take the Property is to take the property Owner to court and forcefully take their property through receiving a warrant.
4 - Court Process
(1)If the Government has decided to take the property owner to court in order to receive an Eminent Domain Warrant, they must justify the need for the eminent domain and justify their valuation of the property which they used to determine their Fiscal offer to the property owner.
(3)Property Owners are entitled to defend their property from being taken via eminent domain in court and may claim that the cash payment is insufficient if they are willing to sell their property but feel the Government is not paying them enough..
(4)The presiding judge may then increase the cash payment to any figure, but may not decrease the cash payment. The presiding judge may also deny the claim and uphold the government’s cash payment if they are granting an eminent domain warrant.
(2)Eminent Domain Warrants May only be given out if:
The property is obstructing necessary public work projects.
The land/property is needed in order to build necessary infrastructure in the area.
(infrastructure that is needed, eg: roads, walkways, medical facilities, police stations and government buildings of importance)
The Building/Plot is obstructing the development/urban renewal needed in the area.
5 - Property Transfer Process
(1)If the property was sold willingly or an eminent domain warrant was needed the old property owner is entitled to a 7 day window in which they can remove their things from the premises before construction work will begin.
6 - Government Funds
All eminent domain payments must be taken out directly from the DEC’s budget. Note:
Bill Requested by Secretary Block
Senate Vote: 3-0-0
A
BILL
To
BILL
To
Provide the DEC the Power of Eminent Domain
The people of Democracy Craft, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:
1 - Short Title and Enactment
(1) This Act may be cited as the “Eminent Domain Act”.
(2) This Act shall be enacted immediately upon its signage.
(3) Authored by Speaker Krix and Senator hugebob23456
2 - Reasons
(1) The DEC may on occasion need to repossess land from the public for building projects.
3 - Terms
(1) The DEC may at any time decide the need to purchase privately owned property in order to complete public works programmes or build necessary buildings/facilities in the area. The DEC may also purchase property in order to revitalise areas through Urban renewal.
(2) In order for the DEC to purchase property they must speak with the owner of the property and make them an offer for their land/property.
The government may also offer them a different building/plot in compensation but it must be of similar value or worth and if it is worth less the difference must be made up through cash but the property being given in order to compensate the eminent domain property owner can not be worth less than the one given in compensation.
If the property owner agrees to sell their property funds would then be taken out of the DEC Government Budget and transferred to the player in exchange for their property.
If the player does not agree to sell their property the Government has the option to find a new property owner who is willing to sell their property if their plot is a viable alternative or Re evaluate the project and see if it is worth eminent domain and if the eminent domain is needed. The final option the government has if they want to forcefully take the Property is to take the property Owner to court and forcefully take their property through receiving a warrant.
4 - Court Process
(1)If the Government has decided to take the property owner to court in order to receive an Eminent Domain Warrant, they must justify the need for the eminent domain and justify their valuation of the property which they used to determine their Fiscal offer to the property owner.
(3)Property Owners are entitled to defend their property from being taken via eminent domain in court and may claim that the cash payment is insufficient if they are willing to sell their property but feel the Government is not paying them enough..
(4)The presiding judge may then increase the cash payment to any figure, but may not decrease the cash payment. The presiding judge may also deny the claim and uphold the government’s cash payment if they are granting an eminent domain warrant.
(2)Eminent Domain Warrants May only be given out if:
The property is obstructing necessary public work projects.
The land/property is needed in order to build necessary infrastructure in the area.
(infrastructure that is needed, eg: roads, walkways, medical facilities, police stations and government buildings of importance)
The Building/Plot is obstructing the development/urban renewal needed in the area.
5 - Property Transfer Process
(1)If the property was sold willingly or an eminent domain warrant was needed the old property owner is entitled to a 7 day window in which they can remove their things from the premises before construction work will begin.
6 - Government Funds
All eminent domain payments must be taken out directly from the DEC’s budget. Note:
Bill Requested by Secretary Block
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