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Committee recommends do‑not‑pass on bill seeking to alter eminent‑domain cost recovery after new federal ruling
Summary
The committee voted a do‑not‑pass recommendation on Senate Bill 23‑21 after staff and members reviewed an Eighth Circuit opinion saying federal eminent‑domain law (as applied in that circuit) limits awards such as attorney fees, removing the need for the state statute proposed by bill sponsors.
The Energy and Natural Resources Committee voted to recommend a do‑not‑pass on Senate Bill 23‑21 after committee counsel and members discussed a recent Eighth Circuit Court of Appeals decision that undercuts the bill’s premise.
Committee staff circulated the appellate opinion and told members the decision, filed March 24, indicates federal courts in the circuit do not allow state law to add attorney‑fee awards when…
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