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condemn property, or by May 1,2006 the condemning authority has issued, sold or entered into a binding agreement to issue or sell bonds to finance the TIF plan and has commenced the condemnation action within 2 years after the bonds were issued; or 2. The TIF district was certified before February 1,2006; a TIF plan, adopted before February 1,2006, identified the property as intended to be acquired; and the condemning authority has commenced the condemnation action within 5 years after certification of the district; or 3. The creation of a TIF district was authorized by special law before February 1,2006, and the condemning authority commences action within the period permitted under special law, not to exceed 10 years; or 4. The condemning authority commences the action before February 1,2011 to complete land assembly for a project, iinanced in whole or part with abatement, and the resolution authorizing abatement was adopted before February 1,2006. Actions commenced between February 1,2006 and February 1,2008 that satisfy one of these four conditions are grandfathered in and are not subject to any of the provisions of the new law. Actions which meet one of the four conditions, but which are not commenced until after February 1,2008 (and before the deadlines provided in the language) are not subject to the new public t�selpublic purpose requirements, but are subject to the compensation requirements and other procedural provisions of the new law. The law also provides at� exception for actions to acquire property for highway projects that, by the day following iinal enactment, have been selected to receive federal funding and in which service of the notice of the petition is made on or before January 15, 2007. In addition, the law includes an exception for acquisitions to provide physical or financial assistance for emergency shelter and services for homeless persons in a iirst class city by a governmental unit or nonprofit organization where service of the notice of the petition is made on or before two years after the day following iinal enactment. Provisions Not Adopted The following provisions were part of the eminent domain hill that passed the House, but were not enacted into law. Historicpreservation designations. Provided that an historic preservation designation adopted on or after August 1,2002 that reduced a property's fair market value or interferedwith the owner's use and enjoyment of the property is a regulatorytaking that requires payment of jt�st compensation. �nveYSe condemnation. Allowed a person to bring an inverse condemnation action against a city that provides municipal solid waste collection services previously provided by private persons, or limits the number of private persons permitted to provide solid waste collection services in a manner that prevents a company currently operating in the community from continuing to do so. Extraterritoria! use. Prohibited the use of eminent domain outside a condemning authority's jurisdiction unless the jurisdiction in which the property is located consents to the condemnation. Page 5 May 19.2006