Staff Analysis of the Legislation
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This bill provides that state agencies and political subdivisions may not take private property unless the taking is necessary for public use. The bill strikes eminent domain for all public uses as authorized by the federal government. The bill eliminates the use of eminent domain for the following uses: - Public buildings or grounds used for the purpose recreation or entertainment unless the use is consistent with state or federal mitigation requirements and an existing general or master plan.
- Trails or paths intended for walking, hiking, biking, equestrian use, unless consistent with state or federal mitigation requirement and an existing general or master plan.
The bill requires that before the property can be taken, it must be authorized by law, be necessary for public use, and be a more necessary public use if already appropriated to another public use. |
