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
  1. IntroducedJan 16, 2006
  2. Out of committeestopped here
  3. Passed House
  4. Passed Senate
  5. Governor
  6. 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

Votes

No recorded floor votes. This measure never reached a floor vote.

History

  1. 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.

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