Utah is working on legislation to make clear that charter schools can exercise eminent domain. Here’s what the bill author wants to accomplish:
- Statutorily state that Charter Schools are public schools. Public Schools have eminent domain authority so do charter schools.
- Clarify which charter school entity has eminent domain power. Is it:
- state charter board?
- state board of education?
- the charter school itself?
- Clarify that charter schools do not need city approval to use eminent domain, because city approval complicates the process
What do opponents say?
- Charter schools themselves do not and should not have eminent domain authority
- Charter schools are operated by private entities
- There is no mechanism to stop a future property transfer by the private entity
Desert News Utah | Lawmakers seek recommendations on eminent domain policy for charter schools