Tarry for the Nonce

July 19, 2005

You Can’t Take My Land From Me

Filed under: News — lmwalker @ 3:48 pm

(Note that the title should be hummed to the Firefly theme song.)

The eminent domain ruling has caused a bit of a fracas:

Alarmed by the prospect of local governments seizing homes and turning the property over to developers, lawmakers in at least half the states are rushing to blunt last month’s U.S. Supreme Court ruling expanding the power of eminent domain.

In Texas and California, legislators have proposed constitutional amendments to bar government from taking private property for economic development. Politicians in Alabama, South Dakota and Virginia likewise hope to curtail government’s ability to condemn land.

Even in states like Illinois one of at least eight that already forbid eminent domain for economic development unless the purpose is to eliminate blight lawmakers are proposing to make it even tougher to use the procedure . . .

In Alabama, Republican Gov. Bob Riley is drawing up a bill that would prohibit 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.

Huzzahs for more of the same.


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