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S.B. 624
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VETOES
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(II) [the] THE taking of [any land for street purposes, nor for public
use, nor as a public improvement,] ANY LAND FOR THE PURPOSE OF CREATING A
STREET, A PUBLIC USE, OR A PUBLIC IMPROVEMENT, but solely as a reservation of
the street locations shown thereon, for future taking or acquisition for public use.
(3) (I) [The] AT ANY TIME, A PLANNING commission may[, at any
time,] negotiate for or secure from the owner [or owners] of any [such lands
releases] LAND RESERVED FOR THE LOCATION OF A STREET:
1. A RELEASE of claims for damages or compensation for
[such reservations] THE RESERVATION OF THE LAND; or
2. [agreements] AN AGREEMENT indemnifying the [county
or municipal corporation) LOCAL JURISDICTION from [such] claims by others FOR
DAMAGES OR COMPENSATION.
(II) [, which releases or agreements] A NEGOTIATED RELEASE OR
AGREEMENT shall [be binding upon] BIND the [owner or owners] LANDOWNER
executing the [same] RELEASE OR AGREEMENT and [their] THE LANDOWNER'S
successors in title.
(G) (1) At any time after the filing of a plat with the county recorder[,] and
during the period specified for the reservation, [the] A planning commission and the
owner of any land containing a reserved street location may agree [upon a
modification of] TO MODIFY the location of the lines of the proposed [street, such]
STREET.
(2) AN agreement to MODIFY SHALL include a release by [said owner)
THE LANDOWNER of any claim for compensation or damages [by reason of such
modification;] CAUSED BY THE MODIFICATION.
(3) [and thereupon] AFTER THE RELEASE IS EXECUTED, the PLANNING
commission may make a plat corresponding to the [said] modification and transmit
[same] THE PLAT to the local legislative body FOR APPROVAL!; and if such]
(4) IF THE modified plat [be] IS approved by the local legislative body,
the clerk of [said] THE LOCAL LEGISLATIVE body shall transmit an attested copy
[thereof] OF THE MODIFIED PLAT to the [said] clerk of the circuit [court, and said]
COURT OF THE COUNTY IN WHICH THE LOCAL JURISDICTION IS LOCATED.
(5) THE modified plat shall [take the place of] REPLACE the original
plat.
(H) At any [time] TIME, the local legislative body may, by resolution, abandon
any reservation and [shall] certify [any such] THE abandonment to the [said] clerk
of the circuit court OF THE COUNTY IN WHICH THE LOCAL JURISDICTION IS
LOCATED.
DRAFTER'S NOTE: In subsections (c) and (f)(3)(i)2 of this section, the defined
term "local jurisdiction" is substituted for the former reference to "county
or municipal corporation" for consistency throughout the article.
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- 4040 -
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