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Senate approves changes allowing courts to modify conditions on gifted land; opponents warn it weakens donor protections
Summary
House Bill 1107 passed after debate. The law allows courts to modify conditions on property donated for charitable, educational, religious or public purposes so the property can continue to be used rather than forced to sell, while preserving the 75‑year rule; critics said it risks undermining donor intent. Vote: 20 yays, 13 nays, 2 excused.
The Senate passed House Bill 1107 on March 2, which alters the statutory remedies available when donated property can no longer be used exactly as the original grant specified. Under the bill, courts may modify conditions to allow continued use by the charitable, religious, educational or other public entity so long as the general purpose remains unchanged.
Sponsor Senator Crebrey described the change as flexibility that honors donor intent by keeping gifts in use rather than forcing sale. "It gives those entities a little bit more flexibility to use this land for their benefit," he said on the floor (SEG 873–878).
Opponents, including Senator Pisky, argued the bill expands judicial authority and could weaken the protections donors expect, including revisionary interests that return property or value to grantors or heirs if the original purpose fails. "This bill shifts that power, easing the true original intent," an opponent said (SEG 886–896).
The final roll call was 20 yays, 13 nays and two excused; the bill passed. Floor discussion emphasized that the statutory 75‑year holding period remains in place and that heirs and revisionary interests must still be given notice in court proceedings.
Next steps: HB1107 will proceed to enrollment and transmittal; implementation will depend on how courts apply the statute to specific facts and on any administrative guidance.
