Eminent Domain Authority for Federal Lands Act

Summary

This bill authorizes the state to exercise eminent domain authority on property possessed by the federal government unless the property was acquired by the federal government with the consent of the Legislature and in accordance with the United States Constitution Article I, Section 8, Clause 17.

Model Policy

Section 1.

The following shall be enacted as Section _______ of the eminent domain provisions of the State Code:

Other Property which may be taken – State as plaintiff.

(1)   Subject to Subsection (2), property which may be taken under this part includes property possessed by the federal government unless the property was acquired by the federal government with the consent of the Legislature and in accordance with the United States Constitution Article I, Section 8, Clause 17.

(2)   The state shall be the plaintiff described in the eminent domain complaint in an action to condemn property described in Subsection (1).

 

Approved by ALEC Board of Directors on September 19, 2010.

Keyword Tags: Eminent domain, Energy Environment and Agriculture Task Force, Public Lands