Protects property owners from eminent domain takings for recreational use purposes.

HB 2120 / SB 1984

Bill Description

Eminent Domain – As enacted, excludes certain recreational facilities, recreational purposes, and parks from the definition of “public use” as it applies to eminent domain.

Bill Sponsors

Bill Co-Sponsors

House: Eldridge, Carr, Farmer, Reedy, Davis, Hawk, Hazlewood, Raper, Burkhart, Barrett, Crawford, Cochran

Senate: Bowling, Stevens, Pody

TLRC Statement on Bill

Private property rights are foundational to the principles of freedom and economic prosperity. They empower individuals, allowing them to invest in, develop, and manage their property as they see fit, fostering a sense of security and personal responsibility. These rights are crucial for the advancement of society as a whole, as they encourage creativity, stewardship, and the responsible use of resources.

The practice of eminent domain, while necessary in certain contexts for the public good, must be approached with caution and restraint. It is a power that, if misused, can infringe upon these fundamental rights, undermining the trust between citizens and their government. The act of condemning property for the creation of public parks or recreational uses, though well-intentioned, can often lead to the unnecessary displacement of individuals and communities, disrupting lives and livelihoods without just cause.

This bill seeks to make it illegal to take property by eminent domain for the purpose of creating public parks or other recreational uses. It is a recognition that while public spaces are important, they should not be established at the expense of individual rights and freedoms.

It is wise to safeguard private property rights and advocate for a balanced approach to eminent domain. This measure protects the interests of individual property owners.

Vote Result:

Passed

TLRC Position:

SUPPORT

Read the Bill