2016-S AMH RODN PERR 051

SHB 2016 - H AMD 254

By Representative Rodne

FAILED 3/10/2007

   On page 31, after line 33, insert the following:

   "NEW SECTION. Sec. 29. It is the intent of this act, and the provisions of this act shall be so construed, that the powers of eminent domain shall be exercised solely for a stated public use, except private ways of necessity, and for drains, flumes, or ditches on or across the lands of others for agricultural, domestic, or sanitary purposes consistent with Article I, section 16 of the state Constitution. All grants and exercise of the power of eminent domain shall be strictly construed and no greater interest shall be taken than is necessary to accomplish the stated public use. "Public use" means the actual possession, occupation, and use of the property by the general public or by the state; or the use of land for the creation or functioning of public utilities or common carriers such as railroads, utilities, or toll roads. The taking of private property by the state for economic development does not constitute public use. Public use shall not be equated with public purpose, public interest, or public benefit, such as promoting economic development, creating jobs, improving the tax base, or enhancing tax revenues by building, expanding, or upgrading private retail, commercial, industrial, or residential establishments. The legislature intends that economic development as contemplated by the United States supreme court decision in Kelo v. City of New London, 545 U.S. 469 (2005) is not and shall not be construed as public use."

   Renumber the remaining section and correct the title.

EFFECT: Expresses legislative intent to prohibit the exercise of eminent domain except to the extent necessary for a stated public use. Defines public use to mean actual possession, occupation and use by the general public or the state, or the use of land by common carriers. Declares that public use may not be equated with economic development, job creation, or tax base improvement or tax revenue enhancement. Expresses the intent that the kind of economic development in the Kelo decision is not to be construed as a public use.