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House advances bill limiting city authority to acquire property outside limits, citing Ivy v. Provo and negotiated compromise
Summary
House passed second substitute House Bill 2 56, revising Title 10 and 11 to permit acquisition or condemnation outside municipal limits only for essential services; the bill passed 68‑1 and will be transmitted to the Senate.
Representative Hardy brought House Bill 2 56 to the floor after procedural circling and substitution. In light of the Ivy v. Provo supreme‑court decision, members discussed two options — encouraging municipalities to adopt charters or adopting legislative changes to permit limited out‑of‑boundary acquisition for essential services. The sponsor framed the measure as a compromise worked out with utilities, the League of Cities and Towns, the Utah Realtors and other stakeholders.
Representative Hardy and colleagues explained that the amendments confine the power to circumstances necessary to provide essential services that are tied to municipal needs, and they removed water issues for separate interim study. Supporters said the changes respect property rights, include disclosure requirements during negotiations, and were negotiated with utilities and associations.
The House debated briefly, accepted the second substitute and associated amendments, and recorded a final vote of 68 yes and 1 no. The bill passed the House and will be referred to the Senate for consideration.
