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Senate narrows eminent domain language after debate over emergency access

Utah State Senate · March 3, 2008
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Summary

The Utah Senate debated amendments to House Bill 323 to clarify that condemnation for a 'park' does not cover trails or paths; an amendment to reinstate House language addressing emergency access failed and the first substitute passed after extended floor debate, 21–5 (3 absent).

The Utah Senate on the floor debated and passed a first substitute to House Bill 323, an eminent domain amendment that clarifies that condemnation authority for parks does not extend to land designated primarily as trails or paths.

Senator Michael J. Petersen, sponsor of the substitute, told colleagues the bill “simply clarify[ies] that a park by any other name is not a park,” noting the change was meant to prevent condemning land intended only as a footpath, equestrian trail or similar uses.

During floor…

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