HB 1286 -
By Representative Shea
NOT ADOPTED 02/13/2014
On page 1, at the beginning of line 7, insert "(1)"
On page 1, line 9, after "tribe" insert "unless the land is subject to sale under subsection (2) of this section"
On page 2, after line 3, insert the following:
"(2)(a) Prior to the department's transfer or conveyance of any
real property or any interest in real property that was acquired
through condemnation within the previous ten years, the department must
give the former owner a right of repurchase as described in (b) of this
subsection. For the purposes of this subsection, "former owner" means
the person from whom or entity from which the department acquired
title.
(b) At least ninety days prior to the date on which the property is
intended to be sold by the department, the department must mail notice
of the planned sale to the former owner of the property at the former
owner's last known address or to a forwarding address if that owner has
provided the department with a forwarding address. If the former owner
of the property's last known address, or forwarding address if a
forwarding address has been provided, is no longer the former owner of
the property's address, the right of repurchase is extinguished. If
the former owner notifies the department within thirty days of the date
of the notice that the former owner intends to repurchase the property,
the department must proceed with the sale of the property to the former
owner for fair market value and may not list the property for sale to
other owners. If the former owner does not provide timely written
notice to the department of the intent to exercise a right of
repurchase, or if the sale to the former owner is not completed within
six months of the date of notice that the former owner intends to
repurchase the property, the right of repurchase is extinguished."
EFFECT: Requires that, before certain transfers or conveyances of land, the department of transportation provide a right of repurchase to former owners from whom property was acquired by the department through a condemnation action within the previous ten years. Provides the process by which this right of repurchase is offered by the department and executed by a former owner.