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Senate substitutes eminent-domain language to add ombudsman advisory role, raises landowner concerns
Summary
Senate debate on the second substitute to SB 86 focused on eminent domain and agricultural-protection protections; the substitute adds a mechanism for the property ombudsman to issue an advisory opinion and involves the Ag Protection Board, but some senators worried the change does not give landowners the right to request ombudsman review.
Senators debated and adopted a second substitute to Senate Bill 86 on Feb. 28, 2012, a measure tied to eminent-domain procedures and agricultural-protection review that would expand advisory review options before condemnation decisions.
Sponsor Sen. Bramble described the substitute as adding an additional review step: the state property ombudsman may be asked to issue an advisory opinion on whether a proposed condemnation meets statutory criteria and to provide a balancing test that weighs…
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