House passes eminent-domain clarification after floor fight over emergency-access language

The House on Feb. 13 passed first-substitute House Bill 323, an eminent-domain amendment intended to clarify that narrow linear features used primarily for transportation (trails) are not equivalent to parks and to limit certain uses of eminent domain. The vote followed an extended and sometimes heated floor debate over language addressing emergency access.

Representative Tilton, sponsor of the substitute, said the bill's core purpose is to make clear that "a park is not a trail" and to prevent courts from recharacterizing trails as parks to justify eminent-domain takings. The bill drew multiple amendments. Representative Keiser offered an amendment (No. 3) to address firefighters' concerns about emergency access; Tilton objected, calling the amendment an expansion of eminent-domain powers that had not been publicly vetted.

Representative Gibson offered a substitute motion to strike line 47 of the substitute (the contested emergency-access language). After debate on the substitute motion, the House adopted the strike and the bill proceeded without the emergency-access expansion. Representative Tilton then reiterated concerns about unchecked eminent-domain authority and noted properties taken but never used would revert only if the demonstrated use ceased; he argued adding nebulous emergency-access language risked permanent restrictions on property.

The House passed the first-substitute HB323 as amended, 55 yes to 17 no, and the bill was referred to the Senate for further consideration.

Votes at a glance HB323 (first substitute, as amended): Passed in House 55–17.