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Committee adopts amendment and reports bill allowing former owners a right to repurchase eminent‑domain land
Summary
Engrossed substitute Senate Bill 5142, which gives certain property owners a right to repurchase land taken by school districts through eminent domain when it is not put to intended public use, was reported out of committee 13‑0 after a clarifying amendment.
The Civil Rights & Judiciary Committee on March 26 unanimously (13‑0) reported Engrossed Substitute Senate Bill 5142 out of committee with a do‑pass as amended recommendation.
The bill would give certain former owners an opportunity to repurchase real estate taken through eminent domain by school districts when the property is not put to the intended public use. Committee amendment Burr 2 41 (moved by Representative Goodman) added factual triggers under which the right to repurchase would vest — for example, where no voter or state funding was requested or submitted, no permitting applications had been filed, no additional parcels were needed, the property was not included in a district's six‑year capital facilities plan, and the property had been held by the district more than one year.
Representative Goodman explained the amendment was intended to clarify the triggers that would allow a prior owner to repurchase property. Supporters said the measure builds constitutional guardrails around eminent domain and addresses testimony from a school district that allegedly acquired property and did not use it for public purposes.
The committee voted without opposition. The roll call recorded unanimous support; the announced tally was 13 ayes, 0 nays. The bill was reported out of committee with the adopted amendment and will proceed for further consideration.
