Locals react to proposed restrictions on eminent domain

A bill has cleared Idaho’s Senate that specifically targets cities’ use of eminent domain to create hiking trails, bike paths and greenways. Some locals think the bill’s scope is too big.

Senate Bill 1044 passed the bill in a 20-13 vote Monday and it now goes to a House Committee and, if it passes there, Governor Butch Otter could sign it into law. The bill is sponsored by Sen. Jim Guthrie, R-McCammon, and he says it’s a private property issue.

“I think there are times when eminent domain is necessary for critical public infrastructure,” said Guthrie. “I don’t know if they rise to the level of some of the other critical infrastructure needs.”

Eminent domain is the power of a state or a national government to take private property for public use. Guthrie feels this gives cities too much power and that things like greenways can be made without having to use someone else’s property.

Lance Clark, an avid runner and program manager at Pocatello’s parks and recreation department, think local governments should be able to decide on their own.

“Whether eminent domain should be utilized should probably be left to the people who’s community it affects most,” said Clark.

Clark also feels that the authors of the bill don’t understand the necessity of these paths and trails.

“For a good segment of the population, walking or biking is a financial necessity,” said Clark. “Providing a system that allows them to do that safely and efficiently is every bit as legitimate as improving, maintaining and building roadways.”

The Portneuf Greenway Foundation said they’re not huge supporters of eminent domain, but they feel the bill is shortsighted.

The bill was read on the House floor yesterday, it has now been referred to the House Local Government Committee.