Senate committee adopts substitute to bar private eminent domain for large power users

The Senate Revenue and Taxation Committee on March 2 unanimously adopted a substitute to Senate Bill 231 that clarifies private entities cannot use eminent domain to relocate gas lines or obtain land for large power‑generation customers.

Senator Sandel, the bill sponsor, told the committee the original file had contemplated a taxing component for users larger than 100 megawatts but that concerns about private use of eminent domain emerged. "Quite honestly, I don't think eminent domain is wise or well‑to‑use by a private entity," he said, describing the substitute as language that "basically disallows" that tool for large‑load generation facilities.

Committee members pressed staff on the bill's burden‑of‑proof language. Senator Cullimore asked whether the statutory text puts the burden on the party asserting condemnation or on the property owner; the sponsor and the drafting attorney pointed to language (lines cited during the hearing) that shifts the burden to the entity seeking to exercise eminent domain, requiring them to rebut prima facie evidence by clear and convincing proof.

There was no public comment in the hearing room. Senator Wilson moved to recommend the first substitute favorably; the committee voted to send the substitute to the Senate floor with a favorable recommendation (vote recorded as 6–0).

The committee recorded its intent to refine drafting language before the floor to ensure the statutory standard and burden of proof reflect the sponsor's intent. The committee will send the bill to the full Senate for consideration.