Section 523.265

Title XXXVI STATUTORY ACTIONS AND TORTS

Chapter 523

Effective - 28 Aug 2006   

  523.265.  Alternative locations for condemnation, procedure. — With regard to property interests acquired by condemnation or negotiations in lieu of the exercise thereof, within thirty days of receiving a written notice sent under section 523.250, the landowner may propose to the condemning authority in writing an alternative location for the property to be condemned, which alternative location shall be on the same parcel of the landowner's property as the property the condemning authority seeks to condemn.  The proposal shall describe the alternative location in such detail that the alternative location is clearly defined for the condemning authority.  The condemning authority shall consider all such alternative locations.  This section shall not apply to takings of an entire parcel of land.  A written statement by the condemning authority to the landowner that it has considered all such alternative locations, and briefly stating why they were rejected or accepted, is conclusive evidence that sufficient consideration was given to the alternative locations.

­­--------

(L. 2006 H.B. 1944)