2026 Regular Session
HB3453
Eminent domain; burdens of proof; award for attorney fees and costs to prevailing property owner; effective date.
Legislative progress
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This summary includes only completed milestones supported by recorded actions. It does not predict the next step, and it preserves later committee reassignments, concurrence, conference, veto, and approval actions when they occur.
Partner positions
Likes
Establishes standards for judicial review of eminent domain proceedings, including requirements for de novo judicial review of public use and necessity determinations and strict construction of eminent domain statutes in favor of property owners.
This bill requires condemning authorities to prove in court that a taking is for a lawful public use and is reasonably necessary, rather than relying on their own declarations of necessity. It also allows property owners to recover attorney fees, costs, and expert witness fees if the government fails to justify the taking. The floor amendments (untimely) carved out Title 27, Section 7 (Utilities) and Title 52 (Oil&Gas) so those industries would not oppose the bill. This bill specifically targets OTA/ODOT.
Recorded floor votes
3 roll calls are available for this bill. This record includes procedural and intermediate action as well as substantive final votes.
February 19, 2026 · House
House: Civil Judiciary Committee: DO PASS AS AMENDED BY CS
Passed
8 yea–0 nay
March 3, 2026 · House
House: Judiciary and Public Safety Oversight Committee: DO PASS AS AMENDED BY CS
Passed
13 yea–0 nay
March 25, 2026 · House
House: THIRD READING
Passed ⭐ Substantive final action
91 yea–4 nay · 4 absent
Committee referrals
April 1, 2026 · Senate
Judiciary
February 11, 2026 · House
Judiciary and Public Safety Oversight
February 11, 2026 · House
Civil Judiciary
February 3, 2026 · House
Rules
Instrument history
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This is the complete recorded action history in the current source package. Highlighted entries are marked as significant by the source. A roll-call link appears only when a vote-like action has one unambiguous same-day chamber vote.
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Senate Second Reading referred to Judiciary
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Senate First Reading
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House Engrossed, signed, to Senate
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House Referred for engrossment
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House Third Reading, Measure passed: Ayes: 91 Nays: 4 View roll call
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House Amended by floor substitute
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House Coauthored by Representative(s) Menz
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House General Order
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House Authored by Senator Reinhardt (principal Senate author)
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House CR; Do Pass, amended by committee substitute Judiciary and Public Safety Oversight Committee View roll call
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House Coauthored by Representative(s) Wilk
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House Policy recommendation to the Judiciary and Public Safety Oversight committee; Do Pass, amended by committee substitute Civil Judiciary View roll call
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House Referred to Civil Judiciary
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House Referred to Judiciary and Public Safety Oversight
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House Withdrawn from Rules Committee
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House Remove Representative Wilk as principal House author and substitute with Representative Staires
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House Second Reading referred to Rules
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House Authored by Representative Wilk
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House First Reading