2017 House Bill 4070

Revise government eminent domain takings detail

Introduced in the House

Jan. 24, 2017

Introduced by Rep. Klint Kesto (R-39)

To require state agencies to pay attorney fees and court costs of private property owners if a "governmental action" results in a loss of value and the department or agency failed to consult guidelines on government takings promulgated by the Attorney General. Also, to apply these rules on "takings" to the state Agriculture department in addition to the Natural Resources, Environmental Quality, and Transportation departments. Current law defines "governmental actions" for which compensation is required as including certain permit or license denials, restrictive conditions on these and more. The state and federal constitutions require governments to compensate owners when their property is taken.

Referred to the Committee on Agriculture

March 15, 2017

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass. The substitute expands the bill to cover all state agencies.

March 28, 2017

Passed in the House 76 to 31 (details)

To require state agencies to pay attorney fees and court costs of private property owners if a "governmental action" results in a loss of value and the department or agency failed to consult guidelines on government takings promulgated by the Attorney General. Also, to apply these rules on "takings" to all state departments, not just the Natural Resources, Environmental Quality, and Transportation departments. Current law defines "governmental actions" for which compensation is required as including certain permit or license denials, restrictive conditions on these and more. The state and federal constitutions require governments to compensate owners when their property is taken.

Received in the Senate

March 29, 2017

Referred to the Committee on Oversight

Jan. 30, 2018

Reported without amendment

With the recommendation that the bill pass.