Idaho Land Law

A Blog Discussing Current Issues of Land Use, Real Estate, and Construction Law in the State of Idaho.

Idaho Senate Says No Eminent Domain for Trails

We at the Idaho Land Law blog are busy this time of year monitoring all the proposed Idaho legislation concerning real property. There are numerous bills making their way through the House and Senate that touch on our favorite subject (land) but we find Senate Bill 1044 to be of particular interest.   As currently drafted, the bill would prohibit government agencies from using eminent domain for “trails, paths, greenways or other ways for walking, running, for hiking, bicycling or equestrian use, unless adjacent to a highway, road or street.”

Bill 1044 passed out of the Senate yesterday and is now headed to the House and if voted out of committee would be considered on the House floor.  Should Bill 1044 pass out of the House, it will then be presented to Governor Otter where it could be signed into law.  We have not seen any comments from the Governor’s office on the bill.

This particular piece of legislation has had some serious opposition by local governments and it will be interesting to see how this plays out.  We will keep you posted with further updates.   


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