Senate narrowly moves to accept House changes to eminent domain law after extended debate

Senators spent more than an hour debating House amendments to Senate Bill 117, which clarify limits on when government may use eminent domain for non‑vehicular pathways such as standalone trails and walkways.

The House amendment, described on the floor by Senate sponsor Senator Stevenson, removes standalone non‑vehicular pathways from the types of property that may be condemned unless those pathways are adjacent to an existing vehicular road. Stevenson said the change ‘‘clarifies that those non‑vehicular pathways and that kind of thing are not appropriate for eminent domain, and I would urge that we concur in the amendment of the House.’’

Opponents warned the amendment could hinder trail‑building and make assembling land for regional trail projects more difficult. Senator Bell described trail development as a long, negotiation‑heavy process and said the amendment ‘‘puts our entire trail system in jeopardy’’ because condemnation can sometimes be necessary after negotiations fail. Supporters pressed the opposite view, calling the change a protection for private property and a correction to an overbroad reading of eminent domain authority.

Floor discussion raised technical and tax implications. Senator Bramble, speaking as a CPA, noted tax‑planning alternatives (citing Internal Revenue Code section 1031 in the course of debate) and said a tax‑benefit argument for eminent domain is ‘‘not accurate’’ as a justification to preserve condemnation powers. Other senators recounted local trail experiences and court precedent; questions focused on whether the amendment unintentionally removed eminent domain for public uses such as hospitals or health clinics (sponsors said it did not), and whether the amendment duplicated or preempted existing judicial interpretations.

Procedurally, the Senate initially ‘‘circled’’ (held) the bill for further review, then later ‘‘uncircled’’ it to move forward. After additional floor debate and a call for the question, the Senate voted to concur in the House amendments on the motion to concur and proceeded to final passage of Senate Bill 117. The president recorded the final tally as 20 yes, a number of nays and absences noted on the floor, and the bill was sent back to the House for further action.

What happens next: Having passed the Senate with concurrence to the House amendments, SB117 returns to the House for the speaker’s signature and any further action there.