6242-S AMS SNYD 02 S5060.1

SB 6242 - S AMD TO S AMD (S5067.3) - 000058

By Senators Snyder, Hargrove, Owen, Amondson and Anderson

                                                   ADOPTED 2/12/94

    On page 5, line 5 of the amendment, after "compliance;" strike "and"

    On page 5, line 6 of the amendment, after "adopted" insert "; and (d) evaluate whether the rule avoids the taking of private property for public use unless no reasonable alternative exists that advances the public interest"

SB 6242 - S AMD TO S AMD (S5067.3) - 000059

By Senators Snyder, Hargrove, Owen, Amondson and Anderson

                                                   ADOPTED 2/12/94

    On page 5, after line 28 of the amendment, insert the following:

    "(3) For purposes of this section, "taking" means totally destroying or rendering valueless private property, damaging by a public use in connection with an actual taking by the exercise of eminent domain, or when there is interference with use of property to owner's prejudice, with resulting diminution in value.  Police action to prevent or abate actual damage to another is not considered a taking."

SB 6242 - S AMD TO S AMD (S5067.3) - 000060

By Senators Snyder, Hargrove, Owen, Amondson and Anderson

                                                   ADOPTED 2/12/94

    On page 9, after line 3 of the amendment, insert the following:

    "(4) "Taking" means totally destroying or rendering valueless private property, damaging by a public use in connection with an actual taking by the exercise of eminent domain, or when there is interference with use of property to owner's prejudice, with resulting diminution in value.  Police action to prevent or abate actual damage to another is not considered a taking."

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