Occupational and professional licensing boards; prohibited from purchasing or acquiring real property under the power of eminent domain
The enactment of HB 385 is expected to impact several established statutes concerning various state agencies, such as the Alabama Surface Mining Reclamation Commission and the Alabama State Board of Pharmacy, among others. These entities will no longer have the legal authority to acquire properties through eminent domain, which could limit their operational capabilities and impact future initiatives. Current property acquisitions that are in progress or have been completed before the effective date are exempt from this restriction.
House Bill 385 aims to restrict the power of certain governmental and quasi-governmental agencies from acquiring property through eminent domain, effective June 1, 2025. Specifically, the bill targets agencies enumerated under the Alabama Sunset Law, preventing them from purchasing or obtaining title to real property using this legal power. This prohibition marks a significant shift in how the specified agencies can operate concerning land acquisition and property rights.
Notable points of contention surrounding HB 385 include concerns about the restrictions it places on state agencies’ abilities to secure land necessary for various public purposes. Proponents argue that the bill will protect individual property rights and limit government overreach, while critics worry that it may hinder important projects vital for public welfare or infrastructure development. This underscores an ongoing debate on the balance between property rights and the government's ability to pursue collective interests through land acquisition.