House passes bill restricting eminent domain

Utah government entities would not be allowed to use their right of eminent domain to acquire private property for use as new parks or trails under proposals contained in HB323.

Rep. Aaron Tilton, R-Springville, is sponsoring the bill that he said is a reflection of long-standing federal laws that restrict the use of eminent domain in obtaining land for recreational use. The bill proposes amendments to legislation that was passed last year addressing the issue of eminent domain use in obtaining property for building new public trails.

Tilton said he was notified by a Utah judge that the 2007 statute could be circumvented by simply designating the use of the property as a "park," even if the actual use was for a recreational trail.

Mapleton Mayor Laurel Brady testified in opposition to HB323 and said the legislation was aimed at a specific situation in her community, which Tilton represents. The long-running dispute involves property that Mapleton would like to acquire for use as an extension of the Bonneville Shoreline Trail.

Attorney Eric Johnson, representing Mapleton, said that the city has offered to purchase the property, but the owner, Provo physician Dr. Wendell Gibby, rejected the offer. The city is now trying to obtain the property by exercising their right of eminent domain.

Mapleton city representatives offered an alternative argument that they required the property to maintain an emergency access road through Gibby's property.

In response to a question from the House Natural Resource, Agriculture and Environment standing committee, Layton city attorney Gary Crane said that to his knowledge, eminent domain had never been used by a Utah community to obtain property for emergency access.

HB323 passed favorably to the House floor.