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Senate adopts substitute strengthening limits on eminent-domain use for redevelopment
Summary
The Senate passed a substitute to House Bill 365 that raises thresholds for local redevelopment eminent-domain authority — higher owner-occupancy and value percentages and supermajority board votes — and approved the amended bill 26–0 (3 absent).
The Utah Senate approved a substituted version of House Bill 365 that tightens the conditions under which redevelopment agencies may use eminent domain for economic-development projects. The substitute — described on the floor by Senators Jenkins and Bramble — raises thresholds for property-owner support and value concentration and increases required board supermajorities.
Senator Jenkins said the substitute raises the owner-occupancy threshold from 75 percent to 80 percent for residential takings and increases the valuation thresholds used to justify redevelopment. The substitute also requires higher board approval (effectively a supermajority: 4 of 5 or 5 of 7, depending on board size) before an agency can proceed.
Senator Bramble and others framed the substitute as an attempt to balance private-property protections against the "tyranny of the minority" that can block community redevelopment; opponents who had sought a total ban had been accommodated by raising thresholds significantly. On final passage the clerk announced 26 yes, 0 no, with 3 absent; the bill was returned to the House for further action.
Action: First substitute House Bill 365 (eminent domain thresholds) substituted and passed in the Senate (26–0–3).
