LexisNexis: 39 Akron L. Rev. 373

By Wilson Ray Huhn

LexisNexis 

Enacted legislation

* Alabama: Prohibits eminent domain use for retail, commercial, residential or apartment development; for purposes of generating tax revenue; or for transferring private property to another private party. Allows an exception for blight.

* Delaware: Restricts eminent domain use to a recognized public use.

* Idaho: Prohibits eminent domain use for a public use that is a pretext for transferring the property to another private entity, or for promoting economic development.

* Indiana: Defines public use and redefines blighted areas. Requires payment of compensation at a specific rate of fair market value.

* Ohio: Moratorium until Dec. 31, 2006, on eminent domain use for economic development purposes that would ultimately result in a property transfer to another private party in an area that is not blighted.

* South Dakota: Prohibits eminent domain use to transfer private property to another private entity or to be used primarily to generate additional tax revenue.

* Texas: Prohibits eminent domain use to confer a private benefit on a private party or for economic development purposes, with certain exceptions.

* Utah: Requires approval by the governing body of a local government before eminent domain may be exercised for a public use. Requires a written notice to be sent to the affected landowner at least 10 days before the public hearing where the proposed taking will be considered. Expands the definition of public use to include bicycle paths and sidewalks adjacent to paved roads, while limiting the use of eminent domain for certain recreational purposes.

SOURCE: National Conference of State Legislatures.