Rancher’s eminent domain bill dies in Idaho Senate

“An Idaho rancher’s bill that sought to protect private property rights by limiting governments’ use of eminent domain is dead after a Senate committee voted 5-4 against it Feb. 5.

Supporters say the bill was designed to protect farmers and other landowners from the use of eminent domain to seize land for trails, paths, greenways and walking, running, hiking equestrian or bicycling use.

The deciding vote was cast by Sen. Roy Lacey, D-Pocatello, who agonized over whether to support the bill. Lacey offered an alternative motion that sought middle ground on the issue, but that motion was defeated and he took a long pause before voting against the bill.

“I think using eminent domain for recreational purposes is improper,” he said after the Senate Local Government and Taxation Committee decided against the bill following a lengthy public hearing where 16 people testified

But he said he was persuaded by public testimony about the use of some trails to provide safe pathways for school children.”

Public testimony on the bill was heavily against it, except for Idaho Farm Bureau Federation and the Idaho Association of Realtors, which supported the bill, sponsored by Sen. Jim Guthrie, a Republican rancher from McCammon.

Those who testified against it said landowners who have their property seized through eminent domain receive just compensation, but Guthrie said landowners sometimes pay a lot of money for land for privacy reasons and government shouldn’t be allowed to seize their property for recreational uses.”

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Ellis, Sean. The Capitol Press 6 February 2013.