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ID H0242

Bill

Status

Engrossed

3/21/2011

Primary Sponsor

Unknown

Origin

House of Representatives

2011 Regular Session

AI Summary

  • Prohibits use of eminent domain to acquire private property for trails, bike paths, walking paths, greenways, or other alternate or limited use transportation corridors
  • Allows eminent domain for such purposes only when corridors are adjoining or adjacent to existing highways, roads, streets, permitted bridges, toll roads, byroads, plank and turnpike roads
  • Maintains existing restrictions on eminent domain for economic development and prevents use as pretext for transferring property to private parties
  • Requires clear and convincing evidence that property in housing authority areas, urban renewal areas, or deteriorated areas meets specific conditions endangering life, safety, or public health before condemnation
  • Makes condemnation rationale freely reviewable in judicial proceedings and does not affect governmental entities' authority to condemn leasehold estates on property they own

Legislative Description

Amends existing law to provide that eminent domain shall not be used for trails, bike paths, walking paths, greenways, or other alternate or limited use transportation corridors, except where bike lanes, bike paths, sidewalks, walking paths, greenways or other alternate or limited use corridors are adjoining or adjacent to highways, roads, streets, permitted bridges, toll roads, byroads, plank and turnpike roads.

EMINENT DOMAIN

Last Action

to Loc Gov

3/22/2011

Committee Referrals

Local Government and Taxation3/22/2011
State Affairs3/10/2011

Full Bill Text

No bill text available