HB 1233 Summary

• Defines "public use" for eminent domain purposes to include: possession/occupation/ownership by the general public or government entities for highways, roads, easements, public buildings, cemeteries, parks, public utilities, blighted property remediation, and abandoned property possession.

• Prohibits condemnation of private property unless necessary for public use with just compensation; specifies that economic development benefits alone (tax base increases, tax revenues, employment, general economic health) do not constitute public use.

• Requires governmental bodies subordinate to the state to have statutory authority to exercise eminent domain powers and prohibits them from creating, extending, or expanding such powers without explicit statutory authorization.

• Allows condemnation actions and determinations to be subject to judicial review in court proceedings.

• Makes all condemnation actions and determinations subject to judicial review; clarifies that the law does not apply to public nuisance abatement authorized under state law.

• Amends existing law regarding surplus property from eminent domain takings to require first offer of resale to former owners at appraised value or original purchase price, whichever is less, with 90-day notification period.

• Becomes effective November 1, 2025.