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Utah House narrows eminent domain rules, excluding trails and recreation from condemnation
Summary
After hours of debate, the Utah House adopted two amendments to Senate Bill 117 that restrict eminent domain use and require written disclosures and notice to property owners; the bill passed 59–12 and is headed back to the Senate.
The Utah House on the floor adopted amendments to Senate Bill 117 on eminent domain that narrow when government entities may condemn private land and add procedural protections for property owners.
Representative Yer, sponsor of the amendments, told the House the measure requires agencies to notify property owners of hearing dates and to provide written disclosures during negotiations, including contact information for a state property-rights ombudsman. "There is not a more sacred part of our constitution than the right for private property," Yer said in urging support.
The most contested change—Amendment No. 2—clarifies that condemnation is limited to public vehicular uses and explicitly excludes trails, pedestrian paths, bicycle or equestrian routes and other recreational uses from eminent-domain authority. Opponents argued the amendment removes valuable local flexibility. Representative Hogue said the Bonneville Shoreline Trail required condemnation in an earlier case to complete a necessary segment and warned the amendment could prevent local governments from finishing similar projects; "eminent domain was absolutely necessary for that purpose," Hogue said.
Supporters, including Representative Tilton and Representative Butters, said the amendment closes a loophole that some local entities have used to reclassify narrow pedestrian paths as "roads" to justify condemnation. Representative Tilton described instances he called examples of municipalities overreaching and said the bill will limit abuse. Representative Wyatt called the previous question during floor debate and the House proceeded to divide and vote on the two amendments.
Both amendments passed on the floor, and the final roll call on Senate Bill 117 (as amended) recorded 59 yes, 12 no, and 4 absent. The House clerk announced the bill will be referred back to the Senate for further consideration.
What happens next: the Senate will receive the amended bill and decide whether to accept the House amendments, request a conference, or take other procedural steps. The measure’s changes affect how local governments and special districts may rely on eminent domain for non‑vehicular recreational infrastructure.
Ending note: sponsors characterized the bill as strengthening private-property protections and clarifying the statutory definition of public roads to prevent perceived misuse of eminent domain for narrow pedestrian or recreational corridors.
