Posted: 06/20/2006
Eminent Domain Anniversary Good Time For Senate To Protect Private Property
DALLAS (June 20, 2006) - With the anniversary of the Supreme Court's controversial decision to allow cities and states to use eminent domain to help private developers fast approaching, the Senate has an opportunity signal that they stand on the side of private property owners. Such a counter-balance to the Supreme Court is long over due, according to National Center for Policy Analysis Senior Fellow H. Sterling Burnett.
"Private property should not be taken at the whim of local officials looking to boost tax revenues or employment," said Burnett. "Despite the Supreme Court's ruling last year, constitutional history suggests these are hardly legitimate public purposes for which taking private property is justified. Such actions take from the poor and middle income and give to wealthy developers and industries who wish to save themselves the money and hassle of buying these properties on the open market."
Previously approved by the House of Representatives, the Senate Judiciary Committee is sitting on legislation that would limit federal funds for development projects that take private property. It would prohibit states and municipalities from using eminent domain to take property for economic development if they have received any federal economic funds within that fiscal year. The bill would also dissuade local governments from using eminent domain power to help private developers by restricting federal economic development funds for two years after any violation and creating the right for land owners to use the courts to enforce the bills provisions.
"Not allowing federal funds to be used for such projects would serve as a public rebuke and should reduce the number of such actions," said Burnett.