Recent State Legislative Activity on Eminent Domain Bills

In recent months, several states have enacted eminent domain legislation amending definitions of what constitutes “blighted property” and outlining circumstances when states will prohibit the use of eminent domain.  For examine, Idaho’s governor recently signed legislation that prohibits using eminent domain to acquire private property for public use if the public use is merely a pretext for transferring the property to a private party for economic development.  Several states have proposed amendments to their constitutions to address eminent domain issues.  For example, in Georgia, if the voters ratify the amendment in H.R. 1306, the bill will require local governing bodies to approve the exercise of eminent domain in condemning private property for redevelopment purposes. In New Mexico, the governor vetoed legislation that would have prohibited state or local public bodies from condemning private property if the taking was to promote private or commercial development.

In all, seventeen states have adopted eminent domain-related legislation and/or amendments to their state constitutions. One state filed a resolution with the Secretary of State’s Office and in a second, proposed legislation has passed the senate.  In five states, bills are waiting for gubernatorial approval.

Please click here for a complete summary compiled by NAHB's State & Local Government Affairs Staff.

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