SB 0505 Limits taking farmland by eminent domain
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
Effective Date:August 28, 2003
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Current Bill Summary

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).