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Utah Weighing Eminent Domain Changes For Charter Schools

Utah lawmakers are considering policy changes to speed up the purchase of land for new charter schools and further expansion of existing schools.

The Deseret News reports the Administrative Rules Review Committee on Monday questioned what authority charter schools have to call on the state to seize property through eminent domain laws.

While schools operating under charter are considered public education, the charter developers are often private entities that own the school facilities, leaving the question of whether such an arrangement could fit within the state’s definitions for where eminent domain is permissible.

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Sen. Howard Stephenson says the problem in a number of cases for charter schools has been with them seeking to use eminent domain to gather a small property to complete their planned footprint, where cities do not wish to exercise eminent domain for such a small purpose.