What has changed as a result of PISTOL?
• Landowners are not liable to the government for any attorney fees incurred in defending and eminent domain action; • Property owners are entitled to have a jury decide if the project that requires the use of their land is in fact a public use; • In all eminent domain actions, prior to the government’s occupancy, a property owner is to be given copies of all appraisals by the government; • Market value is defined as the highest price the property would bring on the open market (previously it was the most probable price); and • Property taken in an eminent domain action will automatically revert back to the original property owner upon repayment of the original purchase price, if the property is not used within five years for the original purpose stated by the government. Five years will begin running from the date of entry of final order of condemnation.
