Landowners have the ability to contest the use of eminent domain by renewable energy developers under a bill passed May 13.
As introduced by Gordon Sen. Tom Brewer, LB155 would have prohibited a private entity from using eminent domain to provide access to build transmission lines or other infrastructure related to a privately developed wind energy project.
Currently, state law authorizes the use of eminent domain in those situations because it is considered a public use.
The bill was amended on general file to define the public use aspect of such exercise of eminent domain as a “rebuttable presumption”—meaning that it may be challenged in court by an impacted landowner.
Lawmakers passed LB155 on a 44-0 vote.