Bill
SB 737
SB 737 tightens eminent-domain limits on wind/solar projects and power lines, protecting conservation easements and barring most condemnations by government or utilities.
Status: Hearing scheduled 3/11 at 1:00 p.m. (introduced Feb. 21, 2025)
Classification: Bill
Summary
This bill (titled the Property Rights Protection Act of 2025 in the materials provided) restricts the use of eminent domain for certain energy infrastructure and protects properties subject to conservation easements from condemnation. Its core aim is to limit government and private condemnation powers for the siting of wind and solar generating stations and for certain power-line projects.
Key provisions
- Prohibits condemnation for wind and solar generating stations:
- A person may not exercise the right of condemnation to acquire property for constructing a generating station that produces electricity from wind energy or solar energy.
- Prohibits condemnation for power lines by electric companies:
- An electric company may not exercise a right of condemnation to acquire property for the construction of a power line (amendment to Article — Public Utilities, e.g., § 7‑103).
- Restricts State and subdivisions from condemning certain properties:
- The State, its instrumentalities, and political subdivisions are prohibited — notwithstanding other law — from acquiring by condemnation any property that (a) is encumbered by a conservation easement or (b) will be used for construction of a power line or a wind/solar generating station.
- Changes to the CPCN / siting process:
- Amendments to Public Utilities provisions (e.g., §§ 7‑207, 7‑208 and adding § 7‑207.1(h) in the Maryland draft) remove or further limit the ability to use eminent domain in connection with Certificates of Public Convenience and Necessity (CPCN) for the affected facilities.
- Conforming and Real Property changes:
- Related changes to Real Property provisions (cited in documents as §§ 10‑705, 12‑101 and additions) to reflect protections for conservation easements and condemnations.
Who is affected
- Landowners and property holders, especially those with conservation easements, who would gain additional protection from condemnation for the listed energy projects.
- Electric companies and private developers of wind and solar projects, whose ability to acquire land or rights‑of‑way by eminent domain for affected projects would be curtailed.
- State and local governments and agencies that undertake land acquisition by condemnation.
- Ratepayers and the energy market more broadly — changes to siting and right‑of‑way acquisition can affect project routing, costs, and timelines.
Fiscal and practical impacts
- Fiscal note (from the provided analysis of a Maryland version) concludes the bill is not anticipated to materially affect State or local finances directly.
- The Public Service Commission (PSC) and some stakeholders warn the restrictions could make siting and building transmission lines and certain generation projects more difficult or expensive, potentially increasing long‑term costs recovered through electricity rates.
- PSC noted eminent domain has rarely been used for solar projects historically; many wind approvals use exemption pathways that did not confer eminent‑domain authority.
Procedural notes and related legislation
- The bill was referred to the relevant energy/environment committee and had a hearing set for March 11, 2025 (per the materials).
- A companion/related bill is listed as HB 1396 (cross‑file).
- Multiple documents with the SB 737 number in the materials reflect different drafts and even different states’ bills (e.g., a California “Third Validating Act” text appears separately). This summary focuses on the Property Rights Protection Act content that limits condemnation for wind/solar generation and power lines.
Bottom line
SB 737 would significantly restrict eminent‑domain tools for siting wind and solar generating stations and for power‑line construction, and affirm protection from condemnation for properties encumbered by conservation easements. Supporters are likely to emphasize landowner and conservation protections; opponents and some regulators raise concerns about siting flexibility and potential cost or reliability impacts to the electric grid.
Compiled from official sources — confirm details with the bill’s official record.
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