SB83 Summary

• Prohibits the state, municipalities, counties, and their agencies from using eminent domain to acquire mortgages or deeds of trust as a primary purpose.

• Bars condemnation of property for private retail, office, commercial, industrial, or residential development; tax revenue enhancement; or transfer to private entities or public-private partnerships.

• Exempts redevelopment and urban renewal projects under Chapters 2 and 3 of Title 24 from the prohibition, provided the primary purpose is not acquiring mortgages or deeds of trust, with just compensation still required.

• Preserves the right to condemn property subject to mortgages or deeds of trust for legitimate public uses including streets, roadways, government buildings, park and recreation facilities, and public utilities.

• Requires property no longer needed for its condemned purpose to be offered first to the original owner or heirs at the original price (minus applicable taxes) within 90 days, then offered at public sale if declined.