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SB 189

Eminent Domain – Agricultural and Conservation Easements – Prohibited Taking

2025 Regular Session Introduced by Ben Brooks and 1 co-sponsor

SB 189 prohibits government eminent domain takings of land subject to agricultural or conservation easements, protecting voluntary land conservation agreements from forced acquisition.

Hearing 1/23 at 1:00 p.m. (Judicial Proceedings)
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Bill Summary · SB 189

Legislative bill overview

SB 189 prohibits state and local governments from using eminent domain to seize land subject to agricultural easements or conservation easements. The bill protects landowners who have voluntarily placed these easements on their property by exempting such lands from government takings for public projects.

Why is this important

Agricultural and conservation easements are contractual agreements where landowners restrict future development in exchange for tax benefits and land preservation. This bill prevents governments from circumventing these agreements through eminent domain, which could undermine the entire easement market and reduce landowner participation in voluntary conservation programs. It balances property rights against government infrastructure and development needs.

Potential points of contention

  • Scope of exemption: Critics may argue this severely limits government ability to acquire land for critical infrastructure (highways, utilities, emergency services) and could force costly land rerouting or higher acquisition costs
  • Conservation vs. public need: Tension between protecting conservation commitments and ensuring governments can respond to urgent public projects or environmental emergencies requiring land access
  • Compensation issues: Unclear whether the prohibition is absolute or whether compensation mechanisms could override it, and how this affects public project feasibility and taxpayer costs

Compiled from official sources — confirm details with the bill’s official record.

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