BILL · 2005–06 SESSION
HB 2854: Eminent domain
Limiting the power of eminent domain.
Summary
- Rejects the application of the holding in the Kelo decision to condemnations in this state;
- Requires "strict construction" of the power of eminent domain which must be exercised only for a stated public use;
- Defines allowable "public uses," specifically excluding economic development and prohibiting incidental private use of condemned property;
- Allows prior owners to void condemnations and reacquire property that is not used for the stated purpose; and
- Applies to property condemnations by the state, a county, a city, town or other municipality, or by a corporation.
From the House Bill Analysis (HB 2854), written by the Legislature's nonpartisan staff. Read the full report ↗
Did not pass Did not pass · died in committee
- IntroducedJan 16, 2006
- Out of committeestopped here
- Passed House
- Passed Senate
- Governor
- Law
- Prime sponsor
- Toby Nixon (R-45)
- Introduced
- January 16, 2006 in the House
- Last action
- January 16, 2006
- Budget
- Has a fiscal note
AN ACT Relating to limiting the power of eminent domain;
Sponsors
Prime sponsor: Toby Nixon (R-45)
34 co-sponsors (2 Democrats, 32 Republicans)
Barbara Bailey R-10Jay Rodne R-5John Serben R-6Bob Sump R-7Daniel Newhouse R-15Larry Crouse R-4Larry Haler R-8Beverly Woods R-23Skip Priest R-30Cary Condotta R-12Jan Shabro R-31Dan Kristiansen R-39Chris Strow R-10Doug Ericksen R-42Maureen Walsh R-16Mary Skinner R-14Dan Roach R-31Jim Buck R-24Janéa Holmquist Newbry R-13John Ahern R-6Jim McCune R-2Rodney Tom D-48Joel Kretz R-7Gigi Talcott R-28Ed Orcutt R-18Jim Dunn R-17Glenn Anderson R-5Joyce McDonald R-25Mike Armstrong R-12Bruce Chandler R-15Tom Campbell R-2Deb Wallace D-17Kirk Pearson R-39Bill Hinkle R-13
Votes
No recorded floor votes. This measure never reached a floor vote.
History
- First reading, referred to Judiciary.
HB 2854 in other sessions
Bill numbers restart every two years, so the same number is a different bill in each session.
- HB 2854 (2019–20) Tracking for taxes, fees
- HB 2854 (2017–18) Homeless college students
- HB 2854 (2015–16) Ballot rejection survey
- HB 2854 (2009–10) State higher ed loan program
- HB 2854 (2007–08) Countywide policy compliance
- HB 2854 (2003–04) Explosives
- HB 2854 (2001–02) Bioterrorism
- HB 2854 (1999–00) Educational opp transfer prg