| SB 0505 | Limits taking farmland by eminent domain |
| Sponsor: | Clemens | |||
| LR Number: | 1709S.01I | Fiscal Note: | 1709-01 | |
| Committee: | Agriculture, Conservation, Parks & Natural Resources | |||
| Last Action: | 03/20/03 - Hearing Conducted S Agriculture, Conservation, Parks | Journal page: | ||
| and Natural Resources Committee | ||||
| Title: | ||||
| Effective Date: | August 28, 2003 | |||
SB 505 This act restricts the acquisition of farmland by eminent domain through the following:
1) For any right of way expansion, the state shall consider all alternative routes and the least intrusive routes and disclose the available routes and shall use a reasonable alternative instead of the taking;
2) Requires a public hearing if the owner is an unwilling seller;
3) Farmland taken by eminent domain shall not be resold or transferred to a private entity;
4) A landowner with land taken by eminent domain shall have five years from the taking to negotiate claims for damages from construction and maintenance; and
5) If a municipality condemns private property outside the incorporated limits, the municipality shall obtain the approval of the county governing board.
This act is identical to HB 447 (2003).
SARAH MORROW