Idaho Legislature Considers Restricting Eminent Domain for Pathways

White Peterson attorney William F. Nichols testified before the House State Affairs Committee of the Idaho Legislature on Monday, March 14, 2011 as the committee considered House Bill 242. This particular legislation would restrict the ability of state or local government to use eminent domain to obtain property for pedestrian and bicycle pathways, including greenbelt pathways. In his testimony Mr. Nichols explained how the eminent domain process works and why it is sparingly used, typically as a last resort when negotiations to purchase property have failed. The Committee voted to send the bill to the amending order for an amendment to clarify one part of the bill. If the amended bill is approved by the committee it will go to the full House of Representatives.