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- #1
A
Bill
To
Clarify Expropriation and Eminent Domain
Bill
To
Clarify Expropriation and Eminent Domain
1 - Short Title and Enactment
(1) This Act may be cited as the 'Expropriation and Eminent Domain Clarification Act‘.
(2) This Act shall be numbered as P.B.04-XXX.
(3) This Act was authored by Prime Minister McBrittle419.
(4) This Act was co-sponsored by Minister of Development MrNeighbor.
(6) This Act shall be enacted immediately upon its signage. The passage of this act shall in no way affect cases currently in proceedings.
2 - Amendments
(1) The Real Property Rules Consolidation Act shall be amended as follows:
“3 - Definitions
(1) “Player” shall refer to any tourist, resident, citizen, or person legally engaged in the Kingdom of Alexandria forums, discord, or in-game.
(2) “In-game” shall refer to activity on Minecraft, while accessing the StateCraft Minecraft server at play.mcstatecraft.com.
(3) “Play-time” shall refer to the duration of a player’s presence within Minecraft while accessing the StateCraft Minecraft server at play.mcstatecraft.com.
(4) “Zoning” shall refer to the classification of land according to “commercial”, “residential,” and other restrictions placed on its use and development, designating any particular plot for specific purposes.
(5) “Inheritor” shall refer to a singular player or legal entity represented by a single player who a plot owner has designated to inherit property in the event of inactivity.
(6) “Realtor” shall refer to a person who acts as an agent for the sale and purchase of buildings and land as defined by this act.
(7) “Property Lien” shall refer to a legal claim on assets that allows the holder to obtain access to the property if debts are not paid.
(8) "Expropriation" shall refer to the action by the state or an authority of taking property from its owner for public use or benefit act of an official government entity of taking ownership of a plot from a player for violation of playtime or plot regulations.
(9) “Eminent domain” shall refer to the act of an official government entity removing ownership of purchasing a plot from a player for public use.
[...]
5 - Powers of the Ministry of Development - Eminent Domain
(1) The MoD shall have the power to initiate eminent domain proceedings against the owner of any property within the Kingdom of Alexandria who has not attained four hours of in-game play time within the last thirty days in exchange for just compensation. The MoD may not issue eminent domain removals as a penalty for zoning, aesthetic, playtime, or ministerial policy violations, provided that plot owners meet the time requirements under this section.
(2) The Ministry of Development, using their power of eminent domain, may seize land for the development of the Kingdom as they sees necessary for public use and to further the aesthetic or developmental goals of the government in exchange for just compensation. This goal must be reasonable, articulable, and in good faith.
(3) The Ministry must negotiate in good faith with the seller, and must provide a reasonable purchasing price to the seller before a sale may be finalized.
(4) The seller is obligated to comply with the final price offered by the MoD.
(5) The MoD may publish further regulations as they see fit for the enforcement of this section.
[...]
7 - Inheritors, Creditors, and Claimants to Land Seized Under Expropriation or Eminent Domain
(1) An inheritor of land seized under eminent domain expropriation who possesses at least four hours of in-game play time within the last thirty days may file a claim within the MoD to intervene within eminent domain expropriation proceedings to take title to the property, with the approval of the current owner, instead of the properties sale. To be considered an inheritor, a player who owns property must inform the MoD who shall inherit their property in the event of an inability to meet play time requirements prior to eminent domain expropriation proceedings. If a property owner is unable to approve or deny the inheritors claim for any reason as determined by the MoD, the title shall automatically pass to the inheritor. A property owner may at any time prior to the transfer of ownership from the plot owner to the inheritor rescind the inheritance. An inheritor or a property owner aggrieved in any way by this section may file a petition for judicial review within the Magistrate Court, which shall only be accepted if the petitioner shows an abuse of discretion by the MoD.
(2) A creditor who possessed a lien on the property currently under expropriation or eminent domain, or who possess a debt owed by the property owner, may file a claim with the MoD to have part or all of the funds from the sale under eminent domain of the plot or the ownership of the plot transferred to the creditor. A creditor must provide the MoD with the contract, proof of signage, and date of signage in order to make such a claim. Creditors are encouraged to notify the MoD of contracts involving properties upon signage of the contract. A creditor or a property owner aggrieved in any way by this section may file a petition for judicial review within the Magistrate Court, which shall only be accepted if the petitioner shows an abuse of discretion by the MoD.
(3) Other claimants not mentioned within this subsection must file a complaint regarding a property right aggrieved by this act within the Magistrate Court against the property owner.
[...]
9 - Powers of the Ministry of Development - Expropriation Standards
[...]
(c) Expropriation for Non-Compliance:
(I) If a plot is found to be in violation of any applicable law or Ministry regulation, the plot owner shall be given notice by the MoD that their plot(s) may be expropriated if they remain out of compliance. The MoD shall require the plot owner to submit a plan to develop the property, or sell it.
(1) Non Compliance shall include plot limit regulations set forth in Section 4.(2) of the R.E.A.L.T.O.R. Act.”
(2) The R.E.A.L.T.O.R. Act shall be amended as follows:
“3 - Definitions
[...]
7. “Eminent domain” shall mean the act of an official government entity removing ownership of a plot from a player for public re-sale, public use, and does not guarantee compensation to the original owner unless stipulated by this or other statues.
7. “Property Lien” is a legal claim on assets that allows the holder to obtain access to the property if debts are not paid.
4 - Realtor Profession
[...]
(5) Following the revocation of a Realtor's license, surplus plots shall be handled per legislation or Statutory Instrument issued by the Ministry of Development and are subject to standard expropriation procedure.”
(3) Section 5-6 of the R.E.A.L.T.O.R. Act shall be repealed.
(4) The following section shall be added to the Real Property Rules Consolidation Act:
“11 - Property Rights Guarantee
(1) No player shall be deprived of property without the due process of law where it is required.
(a) This includes, but is not limited to:
(i) the orders of a court; or
(ii) other provisions of this and other acts of parliament.
(2) No player who has had their plot seized by the Ministry of Development through expropriation shall be deprived of 75% of the final auction price for their plot.”
(5) The following numbering shall be adjusted in the Real Property Rules Consolidation Act to accommodate the aforementioned addition:
“12 - Severability”
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