The
Associated Press reported
last week that state
lawmakers, alarmed by
the prospect of local
governments seizing homes
and then turning the
property over to developers,
are rushing to blunt
last month’s supreme
court ruling that expanded
the power of eminent
domain.
In
the states of Texas
and California, legislators
proposed constitutional
amendments to prevent
government from taking
private property for
economic development.
In Alabama, South Dakota
and Virginia, politicians
likewise hope to reduce
government's ability
to condemn land.
Even
in states like Illinois,
one of eight already
forbidding eminent
domain for economic
development unless
the purpose is to eliminate
blight, lawmakers are
proposing to make it
even tougher to use
the procedure.
"People
I've never heard from
before came out of
the woodwork and were
just so agitated," said Illinois State Sen. Susan Garrett, "People feel that it's a threat to their personal property, and that has hit a
chord."
The
Institute for Justice,
which represented the
homeowners in the Connecticut
case that was decided
by the Supreme Court,
said nearly 25 states
are considering changes
to eminent domain laws.
The
Constitution says that
governments cannot
take private property
for public use without "just compensation." Local governments have traditionally used their eminent domain authority to
build roads, reservoirs
and other public projects.
But for decades, the
court has been expanding
the definition of public
use, allowing cities
to employ eminent domain
to eliminate blight.
In
June, the Supreme Court
ruled 5-4 that the
city of New London,
CT, had authority to
take homes for a private
development project.
But in its ruling,
the court noted that
states are free to
ban that practice,
an invitation lawmakers
are accepting in response
to a flood of e-mails,
phone calls and letters
from their anxious
constituents.
"The
Supreme Court's decision
told homeowners and
business owners everywhere
that there's now a
big `Up for Grabs'
sign on their front
lawn," said Dana Berliner, an attorney with the Institute for Justice. "Before this, people just didn't realize that they could lose their home or their
family's business because
some other person would
pay more taxes on the
same land. People are
unbelievably upset."
In
Alabama, Republican
Gov. Bob Riley is drafting
a bill prohibiting
both city and county
governments from using
eminent domain to take
property for retail,
office or residential
development. It would
still allow property
to be taken for industrial
development, such as
new factories, and
for roads and schools.
In
Connecticut, politicians
want to slap a moratorium
on the use of eminent
domain by municipalities
until the Legislature
can act.
One
critic of the ruling
has suggested local
officials take over
Supreme Court Justice
David Souter’s New
Hampshire farmhouse
and turn it into a
hotel. Justice Souter
voted with the majority
in the Connecticut
case.
The
states of Arkansas,
Florida, Illinois,
Kentucky, Maine, Montana,
South Carolina and
Washington already
forbid taking private
property for economic
development, with the
exception of eliminating
blight.
Illinois
state Sen. Steve Rauschenberger,
a Republican who is
considering a run for
governor, said the
state's blight laws
need to be more restrictive.
"The
statutory definition
of blight in Illinois
is broader than the
Mississippi River at
its mouth," he said. "They have taken everything from underdeveloped lakefront property to open green-grass
farm fields as being
defined as blighted."
Action
is taking place at
the federal level,
where a proposal would
ban the use of federal
funds for any project
moving forward because
of the Supreme Court
decision. And the Institute
for Justice said it
will ask the Supreme
Court to rehear the
New London case, but
acknowledged that the
prospects of that happening
are dim.
"One
of the things, I think,
that is elemental to
American freedom is
the right to have and
hold private property
and not to interfere
with that right," Rauschenberger said. "For Americans, it's like the boot on the door. You can't kick in the door and
come in my house unless
I invite you."
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