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Senate narrows eminent‑domain language after heated debate, approves bill to clarify local authority
Summary
After extended questioning about scope and judicial limits, the Senate passed Second Substitute House Bill 256 with an amendment that narrows which interlocal bodies may exercise eminent domain; sponsors said the measure responds to a Utah Supreme Court decision limiting municipal authority.
Second Substitute House Bill 256, sponsored in the Senate by Senator Thomas, was the subject of a lengthy floor debate on March 2, 2005. The bill was introduced as a legislative response to a Utah Supreme Court decision (the Provo City case) that had constrained municipalities’ ability to acquire property outside city limits. Sponsors described the bill as restoring a clear statutory framework and adding procedural protections for property owners.
Senator Thomas explained the background: the court’s ruling required cities and other local actors to rely on Title 78 rather…
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