Private Ownership and Public Good

Senate Questions Roberts on Eminent Domain

2005-09-14T14:17:00.000-07:00

John G. Roberts Jr. today told senators weighing his nomination to be chief justice that it is "very appropriate" for Congress to consider legislation that would counter a recent Supreme Court ruling that allows cities to seize private property in the interest of private economic development.

http://www.washingtonpost.com/wp-dyn/content/article/2005/09/14/AR2005091401195.html

Federal legislation in the works

2005-09-08T06:07:00.000-07:00

Any local or state government that employs the right of eminent domain to transfer property from one private owner to another would be denied funding for all federal programs under legislation written by Rep. Henry Bonilla (R-Texas), The Hill newspaper reports from the Capitol.

Agriculture Committee Chairman Bob Goodlatte (R-Va.) characterized the legislation as the strongest response yet to the Supreme Court’s June ruling in Kelo v. City of New London, Conn., which affirmed governments’ rights to seize property from landowners for private development deemed by elected officials to be in the community interest. The Agriculture Committee, which will hold a hearing on the Bonilla bill today, has been given primary jurisdiction on the issue

Hurricane Katrina and eminent domain

2005-09-02T12:25:00.000-07:00

This is something I don't know the answer to...will many property owners lose their properties that are now very much blighted as New Orleans rebuilds?

Food for thought...

Missouri Expects Eminent Domain Legislation this January

2005-08-26T09:16:00.000-07:00

A panel at a town hall meeting on eminent domain at St. James the Greater School in Dogtown, MO, met to discuss eminent domain in Missouri this week.

"We can expect a real influx of legislation coming in January. In Missouri, I can almost guarantee in January there will be bills introduced."

Supremes won't rehear Kelo

2005-08-22T13:43:00.000-07:00

The AP is reporting that the Supreme Court won't be rehearing Kelo v. New London anytime soon, despite the close 5-4 decision in light of O'Connor's retirement.

O'Connor wrote in her angry dissent of June that "the specter of condemnation hangs over all property."

Dayton Daily News Editorial

2005-08-19T09:33:00.000-07:00

The Dayton Daily News says that local officials have offered few suggestions as to how to protect property owners from over-zealous eminent domain-ers. Here's what they said about Senate Bill 167, my proposed moratorium on eminent domain while we convene a study committee:

The need for the study is clear. And the idea of a delay has merit...If Ohio wants to ban the newly blessed usage of eminent domain, it can. But the state ought to pause first. It ought to give concerned citizens an opportunity to really understand the situation, to get past the emotional pitches. It ought to see if the public's legitimate concerns are ameliorated by what's really happening.

The Economist on Eminent Domain

2005-08-18T12:57:00.000-07:00

An article published in a recent issue of the Economist, artfully lays out what's at heart with the Kelo decision.

The question is not whether the development plan is good or bad...What matters is whether the plan represents such a pressing public good that it is reasonable to use the state's vast coercive power to execute it. For most Americans, Interstate-95 passes muster, but yuppie condos don't.

Eminent Domain News out of the Lonestar State

2005-08-18T12:39:00.000-07:00

Texas became the third state in two months to pass a law prohibiting local governments from using the power of eminent domain to increase tax revenues. According to a press release from the Texas Realtors Association, lawmakers in at least 31 states have introduced or plan to introduce eminent domain legislation in future sessions.

Federal lawmakers have also moved to restrict the use of eminent domain.Texas Sen. John Cornyn and Wisconsin Rep. James Sensenbrenner Jr., introduced legislation in Congress that would prohibit federal funding for projects involving aggressive seizures of private property for economic purposes.Texas Rep. Henry Bonilla is also pressing for withholding federal assistancefor development from local municipalities that abuse eminent domain.

Legislative leaders see eminent domain as threat to authority

2005-08-17T06:47:00.000-07:00

A study to be released today by the National Conference of State Legislatures will outline how the Kelo v. New London may strip the authority of states to pursue legislation that would protect private property rights.

The Bellingham Herald previewed the report today.

Legislation in the works also would ban the use of federal money for any project getting the go-ahead using the Kelo v. City of New London (Conn.) decision.

At least eight states — Arkansas, Florida, Illinois, Kentucky, Maine, Montana, South Carolina and Washington — already forbid the use of eminent domain for economic development unless it is to eliminate blight. Other states either expressly allow private property to be taken for private economic purposes or have not spoken clearly to the question.

...states need to maintain the right to make the decision for themselves without threat of retribution from the federal government.

Other online diaries support the people's rights in eminent domain cases

2005-08-16T11:41:00.000-07:00

A number of other blogs have been created across the country like mine to discuss the issue of eminent domain and the impact it is having on our communities.

Like http://www.emdo.blogspot.com/

Like New Jersey Law Blog

And the Cuyahoga County Planning Commission, which doesn't directly comment on the use of eminent domain itself, has welcomed comments from concerned citizens about the impact of eminent domain on the projects pursued by the planning commission.

More Support for Senate Bill 167

2005-08-15T13:26:00.000-07:00

The Willoughby News-Herald said:

"Lawmakers must perform their due diligence with thoughtful deliberation and develop a measured response - if they do anything at all. The moratorium will give them the time they need."

Opinions Abound on Eminent Domain

2005-08-15T05:58:00.000-07:00

GEOFFREY F. SEGAL, a senior fellow for government reform for the Thomas Jefferson Institute for Public Policy, made the following suggestion in a guest column to the Fredricksburg Free-Lance Star:

One possible disincentive for abuse would require compensation to be based on the appraised value of the land after rezoning, i.e., commercial real estate is almost always more valuable then residential. Another option would require localities to pay a premium if eminent domain is used--say 150 percent of assessed value.

The Mountain Press also proposed an editorial comment on the use of eminent domain in Tennessee.

Missouri Launches Eminent Domain Input Website

2005-08-12T14:08:00.000-07:00

The Governor of Missouri has convened a task force to study eminent domain issues in his state.

At the Web site people can submit testimony, provide recommendations and keep up to date on task force activities.

The Governor appointed a task force in July to start work immediately. This is the same concept that is included in Senate Bill 167 that I have cosponsored, but we must wait for the legislative process to approve the task force given that Governor Taft has not appointed one by executive order.

Eminent Domain Dominates the Headlines Across the Country

2005-08-11T13:25:00.000-07:00

In Indianapolis, a legislative panel has been convened to hear testimony regarding eminent domain and to propose legislative remedies to Kelo v. New London.

"(Hoosiers) want to make sure you don't come knocking on their door because someone thinks it's a good place to throw up a strip mall," said Rep. Ryan Dvorak, D-South Bend, who serves on the committee.

Eminent domain is being used for a new Indianapolis Colts stadium. According to the Indianapolis Star, only three companies are holdouts, and the big issue is fair compensation for property taken.

The State Auditor of Minnesota wrote an op-ed for The Pilot-Independent today regarding eminent domain.

Auditor Pat Anderson made the following suggestions regarding legislation in Minnesota:

The Legislature should start by prohibiting local governments from taking property solely for the purpose of increasing their tax revenues. Full property rights, including protection from eminent domain for non-public uses, should be restored to Minnesotans.

The Benefits of SB 167

2005-08-11T07:08:00.000-07:00

Gene Krebs, former state representative and state director at Greater Ohio, wrote an op-ed column for the Columbus Dispatch this week regarding the moratorium on eminent domain that I have cosponsored.

"So at least 28 states, including Ohio, are considering bills or constitutional amendments to clamp down on eminent-domain powers for private development.

But Ohio should avoid rushing into any kind of rigid ban that, had it been in place in 1998, could have prevented the eminent-domain taking of three parking lots to make way for the Arena District in Columbus.

Instead, Ohioans should rally around a more-thoughtful approach introduced by Sen. Timothy J. Grendell, a Chesterland Republican, and Sen. Kimberly A. Zurz, a Democrat from Green."

Other Ohio Legislators Propose Eminent Domain Proposals

2005-08-09T15:36:00.000-07:00

In addition to the moratorium that Senator Grendell and I have proposed in Senate Bill 167, other Ohio legislators have introduced other possible solutions.

Rep. Joe Koziura has proposed a constitutional amendment dealing with eminent domain.

''That's just not right,'' [Koziura told the Lorain Morning Journal]. ''A man's home is his castle. The goal here is to give Ohioans a chance to protect themselves from an unnecessary intrusion of government into the lives of families and small business owners.''

The Norwood Example

2005-08-09T14:26:00.000-07:00

When people debate eminent domain in Ohio, they typically cite two examples: Norwood or Lakewood.

"To say a beleaguered city like Norwood would be prohibited from using eminent domain for any economic development purposes goes too far," [Rep. Bill Seitz] said.

In 2003, the city council in the City of Norwood, a municipality which is encapsulated completely inside the City of Cincinnati, voted to take properties in the city by eminent domain.

In the Norwood case, as in many similar, the question becomes, what is blight? When is a property blighted, deteriorated, or deterioating? It is clear that in some cases the definition of the word "blight" has been manipulated to suit the interests of the developer, not the property owner.

Senate Bill 167 Gets Ink

2005-08-09T12:21:00.000-07:00

Senator Grendell and I introduced legislation that would create a two-year moratorium for new eminent domain takings in Ohio in order to give a new task force time to assess Ohio's eminent domain laws.

News of the bill was carried on a variety of sources, including a link to my blog. I know I have to be more diligent about my posts!

House Includes Eminent Domain Item in 'Third Frontier'

2005-08-03T17:48:00.000-07:00

In an effort to not let Ohio's 'Third Frontier' be wrest away from law-abiding citizens by money-grubbers and techno-squatters, the legislature approved an eminent domain amendment in the language for the state's technology development bond levy proposal.

Think John Wayne armed with a court order.

The amendment ensures that universities and other entities can't use eminent domain for private research and development enhancement.

I think this amendment was warranted, given on our ongoing discussions about the use of eminent domain in Ohio. I voted to approve the bill today.

Eminent Domain Debate Sparks Action In Ohio

2005-08-02T11:15:00.000-07:00

The Kelo v. New London decision has sparked a frenzy in legislatures across the country who want to maintain the right to use eminent domain for public good, like public utilities, and to combat blight, but also want to balance the right of private home owners.

In Ohio, we are taking a more measured approach to this problem. My colleague Senator Tim Grendell and I created a Kelo working group in early July to bring all the interested parties to the table to come up with legislative measures for this issue.

As stated in our press release at the time, there are already a number of challenges that we as lawmakers in Ohio are facing regarding property rights, and we believe that the problems will continue to escalate. It is both reasonable and responsible for the Legislature to take a proactive approach to solving this problem. Moreover, we think that we should take appropriate steps to set our own policies regarding this issue here in Ohio, taking into consideration the majority’s decision in the Kelo case.

The Times Recorder in New Philadelphia, Ohio, reported on our first working group meeting.

Supreme Court Justices' Homes Not Immune After Ruling

2005-08-02T10:20:00.000-07:00

A few weeks after Justice David Souter's home was targeted through eminent domain for a hotel, Justice Stephen Breyer's property has been eyed for a Constitution Park in New Hampshire.

The Washington Post reported Friday that the Libertarian Party is supporting the demonstration of eminent domain to display the type of abuses that have happened elsewhere in the country.

The use of eminent domain for private development is not new to Ohioans - the examples of Norwood, Ohio and Lakewood, Ohio, though different, demonstrate how little citizens can do in the face of eminent domain.