Bill would require landowner consent or court order before pre‑condemnation surveys, sparking debate over property rights and project delays

Senate Bill 2379, introduced by Sen. Keith Behm, would require written landowner consent or a court order before entry onto private property for surveying in advance of public projects or eminent domain actions. The Senate Energy and Natural Resources Committee heard pro and con testimony Feb. 7.

Behm described the bill as restoring balance between project needs and private property rights and said the measure would clarify that surveying without consent must be authorized by a court order. "This bill seeks to correct that by requiring written landowner consent or court order before entry for surveys," he said. The proposal also clarifies that landowners may recover damages only if conduct during the entry constituted negligence, wantonness or malice.

Supporters included Northwest Landowners…