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Bill

36-0070

If the Government purchases property from an individual for eminent domain, it must be used for the specified purpose and/or historical/archaeological preservation. If the purpose of said property is not executed in 30 years, the individuals and/or heir can petition the government and the Property must be returned as well as any funds exchanged for the property must be given back to government. The government cannot go back to claim eminent domain for less than 10 years.

2025-2026 Regular Session

Restricts eminent domain to designated public use or preservation, with a 30-year execution window for refunds and a 10-year cooldown before new takings.

Introduced
0
WeVote Research Nonpartisan
Bill Summary · 36-0070

Summary of Bill 36-0070

Overview

Bill 36-0070 proposes new constraints on eminent domain purchases by the government. It requires that property acquired through eminent domain be used for the specified public purpose and/or for historical/archaeological preservation. If the intended use is not carried out within 30 years, the property owner and/or their heirs may petition for the return of the property and for a refund of any funds exchanged. The bill also limits the government’s ability to pursue eminent domain again within a 10-year window.

Key Provisions

  • Use of property: Any land or property acquired via eminent domain must be utilized for the stated purpose or for preservation-related objectives (historical/archaeological).
  • 30-year performance window: If the purpose is not executed within 30 years, owners or heirs can petition for the property to be returned, and the government must refund funds exchanged for the property.
  • 10-year non-action period: The government cannot seek to exercise eminent domain again within a period of at least 10 years after an acquisition under this framework.

Affected Parties

  • Government agencies and entities authorized to condemn property.
  • Property owners and their heirs, who gain potential rights to reclaim property and fund refunds after the 30-year window.
  • Stakeholders involved in public projects, historical preservation, and archaeological initiatives.

Procedural and Timeline Aspects

  • Status: Introduced.
  • Introduced date: February 27, 2025.
  • Legislative actions:
    • February 27, 2025: Received and Assigned.
    • March 3, 2025: To Senate.
    • March 28, 2025: Listed as Introduced (indicating ongoing consideration or amendment activity).

Potential Impacts and Considerations

  • Public projects: The bill could slow or complicate projects that require eminent domain if the specified purpose is not pursued within 30 years.
  • Financial implications: If projects stall, the government may be required to refund purchase funds, potentially affecting budgets and financial planning.
  • Legal clarity: Several terms (e.g., “executed,” “specified purpose,” “historical/archaeological preservation”) may require stricter definitions and a defined petition process to avoid disputes.
  • Long-term planning: The 30-year window creates a long horizon for project proponents and may necessitate ongoing documentation of project progress.

Note

The language presents potential ambiguities (scope of “execution,” treatment of partial progress, and the exact mechanics of refunds). Clarifying definitions and due-process procedures would help in assessing practical impact and implementation.

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

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