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Going concern compensation. Requires compensation for loss of going concern if a business is destroyed by a taking unless the condemning authority proves by a preponderance of evidence that the loss is not due to the taking, the loss could have been avoided with reasonable measures, or that going concern compensation would duplicate compensation otherwise being awarded. Defines "owner" to include lessees who operate a business on real property that is the subject of an eminent domain proceeding. Requires the owner to give the condemning authority notice of intent to seek compensation for loss of going concern within 60 days of the first court hearing. (NOTE: See appraisalandnegotiationsection forrelated requirements.) .1t�irti�azu� compensation. Provides that when an owner must relocate, the amount of damages payable must be sufficient to purchase a comparable property in the community, and not less than the condemning authority's quick take deposit, so long as it does not duplicate compensation otherwise being awarded. "Owner" is defined as the person or entity that holds fee title to the property. Limitationson acceptance replacementproperty. Provides that a condemning authority may not require an owner to accept substitute or replacement property as part of the compensation due. Also prohibits a condemning authority from requiring an owner to accept the return of property. Re-establishment re�mhr�rSement Requires an acquiring authority to reimburse up to $50,000 in re-establishment expenses to displaced businesses. Compensniion for removal of a nonconforming use: Requires a local government to compensate the owner of a nonconforming use if the local government requires its removal as a condition of granting a permit, license, or other approval for a use, structure, development or activity. This section is effective for city decisions made on or ��ier the effective date. Compensation for lo,ss of driveway access. Requires compensation, not to exceed 3 years' previous revenues minus costs of good sold, if a governmental entity permanently eliminates 51 percent or more of the driveway access to a business that results in a loss of revenues of � l percent or more. Provides that the determination of whether the revenue was reduced must be based on a comparison of the average revenues minus the average costs of goods sold for the 3 years prior to commencement of the project, with the revenues minus the costs of goods sold for the year following completion of the project. Specifies that the installation of a median does not constitute elimination of driveway access. Effective Date The law is generally effective the day following final enactment (May 20,2006) and applies to condemnation proceedings and eminent domain actions commenced on or after that date. For purposes of the law, an action is deemed commenced when service of the notice of the petition is made on the property owner. The law also identifies the following exceptions for certain actions anticipated as part of a tax it�c�'ez�ent financing (TIF) plan, abatement project, or a special law: �. The municipality approved a TIF plan by February 1,2006, and a developer has acquired property by May 1,2006 in reliance on the condemning authority's contractual obligation to Page 4 May 19, 2006