in a case of an emergency, for clearing rights-ofways and other work. Any brush or other vegetation
cut away and any land-disturbing activities must
be reclaimed in such a way that is acceptable
to the landowner and is in accordance with best
management practices. The discontinuance or
abandonment of utility services and discontinuance
of utility lines, wire, rails, or pipes, shall constitute
abandonment and forfeiture of such rights-of-way
encumbrance on fee owner should be removed. If the
parcel of land is not used for the purpose intended
after two years, it shall be deemed excess and the
encumbrance shall be dissolved within one year.
proceedings challenging the authority of any agency
to take property, or proceedings resulting in awards
to the landowner in excess of compensation offered
by the agency involved, the favorable decision should
also reimburse the landowners more than fair market
value for attorney’s fees, appraisal costs, and other
reasonable expenses.
EMINENT DOMAIN
When the taking of land becomes necessary for
public use, the landowner should receive more than
adequate compensation based on the current market
value, which should afford an opportunity to acquire
replacement property of equal value.
Eminent domain should not be permitted as a
substitute for good faith negotiations for easements or
long-term lease agreements for structures that create
servient estate easements subordinate to support
overhead electrical transmission lines, to avoid
compensation for restricted use of land, property
taxes and ongoing liabilities associated with farming
land burdened by such easements.
The power of eminent domain should not be
used for economic development projects, state or
national parks, wildlife refuges, recreational trails or
other recreational projects, and should be used with
restraint in other cases.
We support legislation to prohibit the use of
eminent domain in all cases similar to that sanctioned
by the United States Supreme Court’s ruling in Kelo
vs. New London, Connecticut.
The appraised value, legal description, and plat
of any property pro