Bill Status of HB4150 100th General Assembly
Short Description: EMINENT DOMAIN-RAILROADS
Rep. Lindsay Parkhurst
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Eminent Domain Act. In language creating a rebuttable presumption that the acquisition of certain property (or right or interest in property) is (i) primarily for the benefit, use, or enjoyment of the public; and (ii) necessary for a public purpose, removes: language referring to the use of the land for railroads; and references to land acquired under certain other Acts. Provides that if the exercise of eminent domain authority is to acquire property for private ownership or control and if the primary purpose of the acquisition is, among other enumerated purposes, ownership or use by a railroad for passenger transportation purposes (instead of "passenger or freight transportation purposes), then the condemning authority must prove by a preponderance of the evidence that the acquisition of the property is necessary for a public purpose and that an instrument has been or will be executed and recorded against the acquired property to assure that the project and the use of the property remain consistent with the use for a period of at least 40 years, which execution and recording shall be included as a requirement in any final order entered in the condemnation proceeding.