Bill > H1365

This bill amends existing law regarding eminent domain, which is the government's power to take private property for public use, even if the owner does not wish to sell, provided just compensation is paid. Specifically, it modifies the requirements for an "order of taking," the official document used to initiate the eminent domain process. The updated order must now include a more precise description of the land and the specific interest being taken, along with the stated purpose. Crucially, it mandates the inclusion of the names and addresses of property owners as listed by municipal assessors as of January 1st of the preceding municipal fiscal year, and clarifies that the failure to list or correctly identify an owner will not invalidate the taking, nor will naming a putative owner prove ownership or relieve the owner of the burden of proving their right to damages. The bill also addresses how trees and structures on the taken land should be handled, requiring the order to specify if they are included in the taking and, if not, allowing the owner a reasonable time to remove them.