In a follow up to the earlier post: "Senator Killpack's Smelly Eminent Domain Bill - SB208" Jason Snow offers his view of Senator Killpack's bill:

High Priority

Study this BILL SB208 and contact your senator and representative and let them know how your views about this bill.

I would encourage each of you to study Senate Bill 208 this is a bill that is being proposed by Sheldon Killpack. He represents the Syracuse and Layton areas. He is proposing that a committee of seven people from the UDOT be given the power to declare eminent domain in transportation corridors that are deemed "high priority". Below are just some of the highlights that I quickly found in the bill. I am sure that there is more. It seems on the face that this bill is meant to by pass the public input and debate about where roads go. It seems that Senator Killpack and the other sponsors of this bill are tired of fighting the public and instead of following the laws already in place they are going to create a new law so that they can speed things up.

72-5-402. Public purpose.
184 (1) The Legislature finds and declares that the planning and preservation of
185 transportation corridors is a public purpose, that the acquisition of public rights in private
186 property for possible use as a transportation corridor years in advance is a public purpose, and
187 that acquisition of public rights in private property for possible use as alternative transportation
188 corridors is a public purpose, even if one or more of the transportation corridors is eventually
189 not used for a public purpose, so long as reasonable evidence exists at the time of acquisition
190 that the transportation facility will be developed within the time period established under this
191 part.


(b) The department may:
230 (i) use eminent domain powers for the acquisition of private property rights for
231 transportation corridor preservation purposes:
232 (A) if the property is located within the boundaries of a critical transportation corridor
233 designated under Subsection (4)(a); and
234 (B) no sooner than 45 days after the department has notified a county or municipality
235 in accordance with Subsection (4)(a)(ii); and
236 (ii) for the acquisition of private property rights through the use of eminent domain
237 powers for transportation corridor purposes authorized under this Subsection (4)(b)

Here is information on contacting elected officials.