Third time not the charm for legislation limiting eminent domain takings

“The third time was not a charm for legislation aimed at curtailing eminent domain powers in the state. But a form of it may surface again, according to the defeated bill’s sponsor.

The Senate Local Government and Taxation Committee narrowly defeated a bill proposed by Sen. Jim Guthrie, R-McCammon, that would have placed some limits on government use of eminent domain. While the vote was closer this session, it marked the third time in the past three sessions for defeat of similar legislation.

Senate Bill 1046 said, “Eminent domain not shall not be used to acquire private property: for trails, paths, greenways or other ways for walking, running, hiking, bicycling, or equestrian use,” though there is an exception that reads, “unless adjacent to a highway, road or street.”

One of the supporters of the bill was Sen. Jim Rice, R-Caldwell, who is vice chairman of the committee. “I thought it was a good bill, I voted to send it to the floor with a do pass.””

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Kennan, Matt. Idaho Reporter.com 16 February 2013.