- Introduced -

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