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House approves revised eminent-domain authority for redevelopment agencies with added owner protections

Utah House of Representatives · February 21, 2007
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Summary

House Bill 365, revising redevelopment statutes to allow limited eminent-domain authority for RDAs with added protections (two-thirds taxing-entity approval, replacement-value compensation, relocation assistance), passed the House after amendments on Feb. 21, 2007.

Representative Urquhart brought House Bill 365 to the floor after committee amendment debate and offered further deletions and changes that his office said resulted from three years of work on redevelopment concerns. The amendment package removed certain committee insertions, altered long-title language and broadened relocation assistance to include secondary residences and commercial properties where applicable.

Sponsor remarks emphasized layers of protection for property owners and stricter findings of blight, including a required taxing-entity supermajority and relocation assistance beyond fair-market value: "This bill is layered with a lot of protections... providing relocation assistance and replacement value, not just fair market value for the blighted property," he said. The sponsor also noted thresholds requiring a supermajority of residents representing a majority of property to request eminent-domain assistance for blighted areas.

Representative Becker asked whether the bill's eminent-domain authority applied broadly to RDAs; the sponsor confirmed it is limited to RDAs. Supporters said the bill is the result of multi-year efforts to balance redevelopment needs and property-owner protections.

Final action: The House adopted the amendment package and then passed House Bill 365 by recorded vote (64 yes, 3 no). The bill was referred to the Senate for further action.

Implication: The legislation restores limited eminent-domain authority to redevelopment agencies while increasing owner protections and procedural thresholds meant to reduce abuse.