Agenda - Council - 10/25/1983 - Laserfiche WebLink

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I I I I I I I I I I I I I I 6 5 By statutory amendment, the Legislature should provide compensation to 1) property owners outside the buffer areas of sites selected for de,~elopment by a county or the Council; and 2) property owners whose property is under a moratorium for those landfill sites in the inven- tory not selected by a county or the Council if they can prove a loss of market value upon the sale of their property attributable to the landfill. Property owners outside the buffer areas of landfill sites selected by the county are eligible for compensation if they sold their property between the time the moratorium began and the closing of the landfill. Property owners whose land is under a mora- torium but not selected by a county are eligible for compensation if they sold their property during the time period of the moratorium. All eligible property owners who feel they have sustained a loss in the market value of their property value attributable to the land- fill or siting process may file a claim for compensation with the Department of Revenue. The c)aim should state the loss incurred by the property owner attributable to the landfill. The property owner should show that a reasonable process was used 'to sell the property at the expected market value. The proposer or owner of the landfill should have an adequate opportunity to provide evidence negating the impact or need for compensation. The legislature should provide for the state Department of Revenue to be the administering body for purposes of compensation. The department should establish its own procedures for evaluating claims by property owners. To the extent possible, the Department should be exempted from the requirements of the Administrative Procedures Act. 'The commissioner should appoint a three-person panel to hear claims and make recommendations to the commissioner for a final decision on compensation. The panel should include at least one person knowl- edgeable about real estate in the facility°s general area, one person from.outside the county who is considered neutral and an attorney as chairperson to conduct the proceedings. 8.. Direct costs such as fire protection, water and sewer services and buffer zone design and amenities for servicing a solid waste facility should be paid for by the facility owner/operator. The facility owner/operator should contract with the local unit of government for fire protection Services to cover routine and unusual circumstances. Also, the facility owner/operator should bear the costs of relocating planned water or sewer services as shown in a local comprehensive plan, that may be disrupted as a result of siting the waste facility. The appropriate credit should be given for the PILOT or property taxes paid to the local unit of government. The county or solid waste facility owner should assume full respon- sibility for the immediate access roads to the site and the costs of upgrading-these roads to the necessary weight limits.