Provides for the establishment of a state eminent domain ombudsman and provides for the powers and duties thereof; enacts the "eminent domain ombudsman act"

Summary of specific provisions

The bill would add a new §23 to the Transportation Law.

Specifically:

* The ombudsman would be appointed by the commissioner. * The ombudsman will be required to:

* have expertise about the Eminent Domain Law. * work with state agencies and local governments in developing fair condemnation guidelines, * assist government with analyzing actions with eminent domains implications, * advise property owners who have a claim, * provide information to private citizens, * inform civic groups and other interested parties about the law, and * help mediate disputes.

Justification

The power of eminent domain is an important governmental tool to move forward on critical public projects. However, affected citizens are often not fully aware of their rights. On the other hand, government entities that are in the process of condemning property also do not fully understand their role and responsibility in condemnation proceedings. Since the process is complex condemnation proceedings often lead to increased conflict and resentment between affected citizens and governmental entities.

A. Need for the Eminent Domain Ombudsman

The Eminent Domain Ombudsman would help reduce tension between government and citizens, provide key information to citizens and government about the process and help facilitate an amenable resolution between all parties. Most important, the law would allow citizens to consult with an expert about their rights and responsibilities. Many citizens often do not know where to turn for information or cannot afford legal representation throughout an entire condemnation proceeding. While the ombudsman will not be able to officially represent individuals, the office will be able to provide expert knowledge and mediation assistance.

B. Success in Other States

This bill is modeled on the Utah Ombudsman which has been highly successful. Data from Utah support the importance and success of an ombudsman position. First, it has been a great information source that has provided clarity about the process. Various people and groups in Utah use the ombudsman as a resource. In a recent survey many used the ombudsman's office as a resource in Utah including property owners, government officials, and other professionals. OMBUDSMAN'S REPORT ON PRIVATE PROPERTY, Craig M. Call: Utah Ombudsman (June 2003).

In Utah, the ombudsman has been successful in mediating between parties, finding amicable resolution to condemnation proceedings, and providing key information about the process. Specifically:

* Information Source - Utah's Ombudsman has been successful at educating citizens and local governments of their rights in condemnation proceedings. In addition, the Ombudsman has been a valuable source of informational materials including creating easy to understand informational materials.

* Dispute Resolution - Utah's Ombudsman has successfully resolved various disputes between parties. As the Utah report states, "Without imposing his own view, the Ombudsman can often pass along ideas for settlement from one party to another. Careful listening to the real intent and desire of each party can often suggest middle ground that resolves a dispute." OMBUDSMAN'S REPORT ON PRIVATE PROPERTY, Craig M. Call: Utah Ombudsman (June 2003).

The Utah report further states that, "the Ombudsman's office has succeeded in reducing the amount of time, cost and hassle involved in disputes... and the great majority of the more than 200 cases involving the Ombudsman's office were resolved without legal action and without the parties having to be satisfied with impasse." Like the Eminent Domain Notification Act of 2004, this bill would greatly aid citizens and government to understand and wade through a condemnation process. The eminent domain ombudsman will be able to provide expert knowledge, act as a mediator, and hopefully resolve all issues surrounding condemnation proceedings. The eminent domain ombudsman has a proven track record that would be a common sense effort to add more transparency and accountability to any condemnation process.

Prior legislative history

2006: Senate Transportation Cmte./Assembly Judiciary Cmte. 2007: Senate Transportation Cmte./Assembly Judiciary Cmte. 2009-10: S.1670 Transportation Cmte.

Fiscal impacts

To be determined.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law.