On January 23, Director of Intergovernmental Relations Dominic Butchko testified before the Economic Matters Committee in support of SB 189 – Eminent Domain – Agricultural and Conservation Easements – Prohibited Taking with amendments. This bill prohibits counties and the state from using eminent domain to take lands under an agricultural or conservation easement.
As transmission infrastructure upgrades may uniquely be accomplished by upgrading existing lines or using existing land, counties join the sponsor in wanting to protect the finite number of conserved lands. The primary concern for counties is the breadth of the language and unintended consequences on local critical infrastructure.
. . . Lands under agricultural or conservation easements are, by design, not ripe for development. However, there are very serious – though exceedingly rare and limited – circumstances where a county may need to use eminent domain on a land under easement for local critical infrastructure. These circumstances can be highly variable but mostly require a very limited taking of the preserved parcel, sometimes only a matter of feet.
SB 189’s cross-file, HB 631, was heard on March 6 in the House Economic Matters Committee. Dominic Butchko testified in support of this bill with amendments.
More on MACo’s Advocacy:
