All Roll Calls
Yes: 357 • No: 0
Sponsored By: Mark D. Obenshain (Republican)
Became Law
Eminent domain; condemnation proceedings; entry of order and recordation of certificate; disbursement of funds by circuit court clerk. Provides that the clerk of a circuit court shall, upon entry of an order in a condemnation proceeding and unless otherwise directed, promptly disburse any just compensation in the amount specified in such order and any interest accrued. The bill provides that the clerk shall disburse such funds no later than seven business days after the entry of the order or the receipt of the sum that such order directs the clerk to disburse, whichever is later. The bill also provides that counsel in a condemnation action may request, and the clerk, sheriff, or other person responsible for notifying jurors to appear in court for a trial shall make available, a copy of the jury panel to be used for such trial. The bill also requires that on the same day the certificate is recorded in the land records, it shall also be filed with the clerk.
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4 provisions identified: 3 benefits, 0 costs, 1 mixed.
If a state agency buys property for a project and that move displaces you, the agency must pay fair relocation costs. It must pay actual reasonable moving costs for you and your property. It must pay direct losses of tangible personal property from moving or closing a business or farm (up to what it would cost to move it). It must pay reasonable search costs for a new business or farm site, and up to $25,000 to reestablish a displaced farm, nonprofit, or small business. When a court order tells the clerk to pay just compensation, the clerk must pay the money and any interest within seven business days after the later of the order date or when the clerk gets the money, unless the order says otherwise.
In highway condemnation cases by the Commissioner of Highways, owners of structures with an outdoor advertising permit are treated as owners. This gives permit holders the owner rights that apply in those cases.
Certificates for takings must clearly describe the property rights being taken, name the owner if known, and state the public project. They must include a detailed plat or plan showing sizes of areas, specifications, elevations, and any grade changes. For temporary construction easements, the certificate must list the end date or later file and send the end date to the owner when known. The condemnor must record the certificate in the deed book; the clerk must index it under both the owner and condemnor, then file it the same day and assign one case number for all related filings. Beginning July 1, 2026, these content and recording rules apply to petitions filed or certificates recorded on or after that date, including highway projects.
Courts use the standard civil jury‑selection rules and the existing random selection process for condemnation cases. The jury commissioner checks freeholder status using tax rolls or other reliable data. If counsel asks, they get the jury panel at least 10 full business days before trial, with 30 to 75 freeholders and each person’s name, age, address, job, employer, and freeholder confirmation. The judge randomly draws 13 jurors; each side gets four peremptory strikes; all jurors and alternates must be freeholders. Trials use a five‑person jury and can proceed with fewer only if all parties agree, but never fewer than three; jury decisions may be by majority, not unanimous.
Mark D. Obenshain
Republican • Senate
There are no cosponsors for this bill.
All Roll Calls
Yes: 357 • No: 0
House vote • 3/4/2026
Passed House Block Vote
Yes: 97 • No: 0
House vote • 3/4/2026
Passed House Block Vote
Yes: 99 • No: 0
House vote • 3/2/2026
Reported from Courts of Justice
Yes: 22 • No: 0
House vote • 2/23/2026
Subcommittee recommends reporting
Yes: 10 • No: 0
Senate vote • 2/16/2026
Read third time and passed Senate Block Vote
Yes: 39 • No: 0
Senate vote • 2/16/2026
Courts of Justice Amendments agreed to
Yes: 0 • No: 0
Senate vote • 2/16/2026
Constitutional reading dispensed Block Vote (on 3rd reading)
Yes: 39 • No: 0
Senate vote • 2/13/2026
Passed by for the day Block Vote (Voice Vote)
Yes: 0 • No: 0
Senate vote • 2/13/2026
Constitutional reading dispensed Block Vote (on 1st reading)
Yes: 36 • No: 0
Senate vote • 2/11/2026
Reported from Courts of Justice with amendments
Yes: 15 • No: 0
Acts of Assembly Chapter text (CHAP0954)
Approved by Governor-Chapter 954 (effective 7/1/2026)
Governor's Action Deadline 11:59 p.m., April 13, 2026
Enrolled Bill communicated to Governor on March 14, 2026
Fiscal Impact Statement from Department of Planning and Budget (SB779)
Bill text as passed Senate and House (SB779ER)
Enrolled
Signed by President
Signed by Speaker
Passed House Block Vote (99-Y 0-N 0-A)
Reconsideration of passage agreed to by House
Passed House Block Vote (97-Y 0-N 0-A)
Read third time
Read second time
Reported from Courts of Justice (22-Y 0-N)
Fiscal Impact Statement from Department of Planning and Budget (SB779)
Subcommittee recommends reporting (10-Y 0-N)
Read first time
Assigned HCJ sub: Civil
Referred to Committee for Courts of Justice
Placed on Calendar
Read third time and passed Senate Block Vote (39-Y 0-N 0-A)
Constitutional reading dispensed Block Vote (on 3rd reading) (39-Y 0-N 0-A)
Courts of Justice Amendments agreed to
Blank Action
Chaptered
4/13/2026
Enrolled
3/10/2026
Engrossed
2/16/2026
Amendment
2/12/2026
Amendment
2/11/2026
Introduced
1/22/2026
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