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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.

Introduced in House February 2, 2026 House committee reassignment February 11, 2026 House committee substitute February 19, 2026 House committee substitute March 3, 2026 House floor substitute March 25, 2026 House passed March 25, 2026 Sent to Senate March 26, 2026 Introduced in Senate March 26, 2026

Partner positions

👍 4 cumulative active likes

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

View roll call

March 3, 2026 · House

House: Judiciary and Public Safety Oversight Committee: DO PASS AS AMENDED BY CS

Passed

13 yea–0 nay

View roll call

March 25, 2026 · House

House: THIRD READING

Passed ⭐ Substantive final action

91 yea–4 nay · 4 absent

View roll call

Committee referrals

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.

  1. Senate Second Reading referred to Judiciary
  2. Senate First Reading
  3. House Engrossed, signed, to Senate
  4. House Referred for engrossment
  5. House Third Reading, Measure passed: Ayes: 91 Nays: 4 View roll call
  6. House Amended by floor substitute
  7. House Coauthored by Representative(s) Menz
  8. House General Order
  9. House Authored by Senator Reinhardt (principal Senate author)
  10. House CR; Do Pass, amended by committee substitute Judiciary and Public Safety Oversight Committee View roll call
  11. House Coauthored by Representative(s) Wilk
  12. House Policy recommendation to the Judiciary and Public Safety Oversight committee; Do Pass, amended by committee substitute Civil Judiciary View roll call
  13. House Referred to Civil Judiciary
  14. House Referred to Judiciary and Public Safety Oversight
  15. House Withdrawn from Rules Committee
  16. House Remove Representative Wilk as principal House author and substitute with Representative Staires
  17. House Second Reading referred to Rules
  18. House Authored by Representative Wilk
  19. House First Reading
Source provenance