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 I I I I 17 market value of the property'for 'development minus the existing use of the property; therefore, these property owners are compensated for the value of their property like the first group of property owners. Both the first and second group of property owners are limited by the .moratorium as to what they can do with their land. If the Council denies a property owner's request for development on a site under the moratorium, the property owner may elect to have the county purchase temporary development rights, which is a form of compensation. The third group of property owners, those within candidate Sites that. are never selected, should receive compensation. According to the subcommit- tee, these property owners should be compensated if they can demonstrate, upon sale of the .property, a loss in market value. Similarly, all other property owners outside the buffer areas of landfill sites selected for development, should be.compensated if they can show a loss in market value of their property upon its sale. In both cases, the roperty owner must prove the loss in market value is jttributable to the andftll. In addition there must be a reasonable attempt by the property owner to sell the property at its expected market value. The Legislature should provide a statutory amendment to compensate prop- erty owners who demonstrate a loss in market value of their property attributable to the landfill upon its sale. The property owner should demonstrate a reasonable effort was made to sell the property at its expected market value and the sale should be conducted at arm°s length° Property owners under the moratorium on landfill sites never selected are eligible for~ compensation if the property were sold from the time the moratorium began until'the landfill was closedj Property owners who feel they have sustained a loss in the market value of their property attributable to the landfill may file a claim for compensation with the Department of Revenue. The Legislature should provide for the Department of Revenue as the appro- priate body for compensation purposes. The department should establish its own procedure for evaluating claims by eligible property owners. To the extent possible the department should be exempted from the require- ments of the Administrative Procedures Act to evaluate claims in an efficient and timely manner. The commissioner of the Department of Revenue should appoint a three- person panel to hear claims. The panel would make recommendations to the commissioner for a final decision. The panel should include one person knowledgeable about real estate in the area, one person from outside the county who is considered neutral and an attorney as chairperson to conduct the claims process in a legal manner. The county or landfill owner should have an adequate opportunity to provide evidence negating the impact or need for compensation.