SB539 SFA Romano 3-2 #2

Baker 7816

Senator Romano moved to amend the bill on page two, section fourteen-a, lines twenty-six through thirty-two, by striking out all of subsection (c) and inserting in lieu thereof a new subsection, designated subsection (c), to read as follows:

(c) With respect to minerals, the calculation of fair market value shall follow the common law of this state: Provided, That to the extent limestone, gravel, rock, clay, sand, chalk and all other similar minerals generally found near the surface and for which the property owner may be entitled to compensation, the property owner has the burden of proving that the mineral is found in such quantity and quality as to be commercially marketable and shall then be compensated for by considering the production and marketing costs, as well as the market and demand for the minerals: Provided, however, That the use of limestone, gravel, rock, clay, sand, chalk or other similar minerals by the state or its political subdivisions for the project for which the land is taken is inadmissible and shall be excluded from this calculation of fair market value: Provided further, That in the absence of an express contractual term or an express conveyance in a deed stating otherwise, limestone, gravel, rock, clay, sand, chalk and all other similar minerals shall lie with the surface owner.

Adopted

Rejected