Act of Congress Reveille Eminent Domain Act

[GoldBlooded]

A
BILL
To

Modernize the Eminent Domain Act​

The people of the Commonwealth of Redmont, 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 'Reveille Eminent Domain Act' a.k.a the 'RED Act.'
(2) This Act shall be enacted immediately upon its signage.
(3) This Act has been authored by: Rep. GoldBlooded and Sen. Nacholebraa
(4) This Act has been co-sponsored by: Sen. xLayzur

2 - Reasons
(1) The purpose of this act is to provide modern guidelines for the Department of Construction & Transportation (DCT) regarding the acquisition of privately owned land for public projects and the implementation of eminent domain when necessary.

3 - Terms
(1) The Department of Construction & Transportation may acquire privately owned property for public works programs, necessary infrastructure, and urban renewal initiatives.

4 - Land Acquisition
(1) The Department of Construction & Transportation may acquire privately owned property for public works programs, necessary infrastructure, and urban renewal initiatives.
(2) Prior to acquisition, the Department of Construction & Transportation will negotiate with the property owner and make a fair offer for the property. Compensation may include a cash offer to cover any difference in value or a plot trade of similar size or value.
(a) If the property owner fails to respond after a period of 72 hours the Department of Construction and Transportation may pursue eminent domain of the owned plot through a court order.

5 - Federal Court Process
(1) If the Government decides to pursue eminent domain, they must provide criterial justification for its necessity.
(2) Property owners have the right to defend their property in court and may contest the adequacy of the cash payment if they are willing to sell but feel it is insufficient.
(3) The presiding judge may increase or decrease the cash payment if deemed appropriate but not reduce it below the plot's base price point. The presiding judge also has the authority to deny the claim and uphold the government's cash offer if an eminent domain order is granted.

6 - Criteria for Eminent Domain
(1) Eminent domain may only be issued if:
(a) The property is essential for building necessary infrastructure, such as roads, walkways, medical facilities, police stations, and government buildings or;
(b) The property obstructs the development of urban renewal or infrastructure projects

7 - Funding
(1) All eminent domain payments will be directly sourced from the budget of the Department of Construction and Transportation.

8 - Rescind
(1) Act of Congress - Eminent Domain Act of 2020 is rescinded.

 

[LilDigiVert]

Presidential Assent

This bill has been granted assent and is hereby signed into law.