Rendell signs eminent domain bills into law

Ardmore was a prime example throughout Pennsylvania's debate on tightening eminent domain laws. So it was only fitting that, when Gov. Ed Rendell signed two bills into law, Ardmore business owners were at his side.Betty and E-ni Foo, owners of Hu-Nan Restaurant on Lancaster Avenue, were invited guests at a ceremony last Thursday afternoon at the Bellevue Hotel in Philadelphia, as Pennsylvania became the 18th state to enact eminent domain reform since the U.S. Supreme Court's Kelo decision last June.
After two years of uncertainty, while the business they have operated for 30 years was under threat of taking and demolition as a part of Lower Merion Township's Ardmore Redevelopment Plan, E-ni Foo said the signing was not just a relief for his family.
"When he signed the bills, it really represents the victory of the common people," he said. The story is in Main Line News.

Eminent Domain Victim's House Saved From Wrecking Ball...For

The 80 year old woman forced from her home over the weekend is getting a temporary repreive. However the news might have come a little too late for Emma Dimasi who has already moved out of the home she lived in for close to 50 years. The state appeals board says her home that sits on the corner of Dixmyth and Clifton Avenues will be sparred the wrecking ball until her appeal can be heard next month. Read the story.

Property rights legislation goes to Sebelius

Property rights legislation went Friday to Gov. Kathleen Sebelius, clearing both chambers by large margins even though some members thought the measure wasn't strong enough. Cities, counties and state agencies must get the Legislature's permission, starting July 1, 2007, to force individuals or businesses to sell their property for an economic development project. Property still could be seized for public purposes, such as building roads. Read the Wichita Eagle.

Senate passes bill restricting eminent domain use

The state Senate today approved a bill limiting the use of eminent domain. Under the proposed law, governments would not be able to seize property from one person and transfer it to another for economic development. Read the story.

Florida Senate OKs eminent domain reform bill

The Florida Senate passed an eminent domain reform bill Thursday that would limit the powers of local government entities. The Senate voted 37-3 in favor of HB 1567, a version of which was passed last month by the House. The bill prevents local governments from condemning private property and turning it over to a third-party private entity except under certain circumstances. The story is in the Jacksonville Business Journal.

Legislature fails to act on eminent domain reform

Despite the state's status as ground zero for the nationwide debate over eminent domain, Connecticut lawmakers failed to act in this year's legislative session on proposals to limit the property-taking practice. Read Newsday.

Property Rights Activist Speaks: Harrison Woman Lectures Local Association

A property rights activist made an appearance at a Northwest Arkansas Property Rights Association meeting Tuesday night to discuss the dangers posed by watershed agreements. "If you can't own your own property, no other freedom means anything," Connie Burks of Harrison told the group. Burks has spent the better part of the past two decades fighting for property rights against nonprofit groups and the people behind those groups. The story is in the Morning News.

Surprise win for property rights

The county Board of Supervisors on Tuesday adopted a fledgling private property-rights group's proposal to protect the viewshed along the North Coast -- a proposal that is less restrictive than one proposed by its own planning staff. Contrasted with the proposal by county planners, the ordinance written by Protect Our Property Rights greatly cuts back the amount of territory that would be covered, to property within a mile of the Highway 1 corridor and the two other through-roads in the area -- Santa Rosa Creek Road and Old Creek Road. It will not cover dead-end roads. Read The Tribune.

53 Organizations Request Senate Action on Eminent Domain Abuse; Lack of Senate Action Leaves Homes, Businesses, Churches Vulnerable

Today, a letter signed by fifty-three national and state organizations from across the country was delivered to Senate Majority Leader Bill Frist (R-TN) requesting that the Senate advance legislation to limit the ability for states and localities to abuse eminent domain. Read the story in U.S. Newswire.

Justices hear twist in eminent-domain dueling

In 2002, a developer had received a green light to build 23 homes and had begun digging when Mount Laurel exercised eminent-domain powers to take the land for open space. New Jersey's highest court yesterday heard the developer's claim of eminent-domain abuse in what observers say has become one of the most closely watched cases since the U.S. Supreme Court turned the seizure of private land into a national firestorm. Read the Philadelphia Inquirer.

Group works to limit eminent domain use for developers

With unity comes greater strength. So say members of the New Jersey Coalition Against Eminent Domain Abuse, which formed in February to limit the use of eminent domain for private development throughout the state. The organization consists of property owners from 25 municipalities, including Long Branch and Asbury Park, that are undertaking redevelopment projects where eminent domain is threatened, according to the coalition. Read the Asbury Park Press.

Property rights, preservation clash in Park Hill

Neighbors plan a "wake" at 6 p.m. today for an 88-year-old, $1 million home in Park Hill that will be torn down to make way for two new houses, priced at more than $1 million each. Read the story.

Eminent domain: What you say

Absolutely not! More than two years ago I stated I would never spend another penny in the city of Norwood and I have kept my promise. Unfortunately, on occasion, I have to drive through there and it never fails that I feel sick when I pass those few lonely houses. A picture of that site is a perfect example of what America is becoming if we keep quiet and continue to allow this to happen. I advise you not to blink, or you may open your eyes to a wrecking ball in your front yard. Read The Enquirer.

U.S. Senate Stalling Eminent Domain Reform

Nearly six months after the U.S. House of Representatives overwhelmingly passed eminent domain reform, and almost one year after the U.S. Supreme Court issued its now infamous Kelo decision (allowing non-blighted homes to be taken for someone else's private gain), the U.S. Senate has yet to act on legislation that would restrict this awesome power of government. Read the story.

Limits for Pa.'s eminent domain

In an effort to better shield home and business owners from government land grabs, the Pennsylvania Senate gave final legislative approval yesterday to new restrictions on the use of eminent domain for private economic development. As part of a compromise to get the bill through, the measure would not apply to some property already under the threat of condemnation. These exemptions are intended to protect revitalization work in Philadelphia, Norristown and Chester. Read the Philadelphia Inquirer.

Battle brewing over eminent domain changes

Competing philosophies about revising the state's eminent domain laws clashed Tuesday as a House committee passed bills presenting a fundamentally different approach than the one adopted by the Senate. The core issue is whether the state Constitution, rather than state statutes that are easier to amend, should be changed to prohibit government agencies from taking private property for the sake of private economic development projects. Read the Times Picayune.

Senate weakens eminent domain bill

Senators made a significant turnaround Monday on a bill aimed at limiting the ability of governments to seize private property through eminent domain by temporarily exempting ongoing projects like those in Riviera Beach and possibly Boynton Beach.
Legislators have been working for eight months to craft a bill that would no longer allow local governments to use eminent domain to take private property for economic redevelopment after the U.S. Supreme Court upheld a law in June that allowed New London, Conn., to take people's homes for just that reason. Read the Palm Beach Post.

Eminent domain win confirmed

An attorney for a Filipino church that had been targeted for condemnation claimed a definitive victory over the powers of eminent domain on Monday. Although the Redevelopment Agency Board agreed to back off efforts to seize the church for an affordable housing project last month, the attorney was dissatisfied with the board's actions and continued to push for a legal guarantee against condemnation from the city. Read the story.

Legislature tackles eminent domain

Florida lawmakers are closing in on a sweeping new ban on the power of local governments that lets developers erect new subdivisions, condo towers and shopping malls on land condemned from private landowners. Spurred by the June 2005 U.S. Supreme Court decision Kelo v. City of New London, Sen. Daniel Webster, R-Winter Haven, is pushing a plan to bar community redevelopment agencies, cities and counties from using eminent domain power to seize slums and blighted areas for economic development. Read the Pensacola News Journal.

Eminent Domain bill coming

Today House Speaker Andrew Romanoff announced a bipartisan proposal that would protect landowners’ rights and private property in Colorado. “Protecting private property is a bipartisan priority. I’m glad we were able to reach an agreement,” said Speaker Romanoff. Eminent domain issues have been a focus of attention at the state Capitol for the last two years after a private developer, who planned to take advantage of eminent domain powers, proposed building a toll road that would stretch from Fort Collins to Pueblo. Read the story.

Lawmakers working to protect citizens’ property rights

This session the Tennessee General Assembly is at work trying to guarantee and reassure the citizens of their private property rights where eminent domain is concerned.
More than 60 bills seeking to protect the public were filed in February. Some of the ideas attempt to change the process; some attempt to amend definitions. Read the Hendersonville Star News.

Crawford County legislators unveil eminent domain legislation

Two Crawford County lawmakers released a draft proposal Thursday that they said would safeguard property owners from eminent domain takings for private purposes. Sen. Ruth Whitaker, R-Cedarville, and Rep. Rick Green, R-Van Buren, said they would sponsor legislation in the 2007 regular session to prohibit use of government eminent domain powers for private development. The duo said a law is necessary because of a ruling last year in which the U.S. Supreme Court said the city of New London, Conn., could condemn private property for another private enterprise. The lawmakers' proposed "Arkansas Property Owners' Rights Protection Act" would prohibit condemnation for private use or for a development that would enhance tax revenue. Read the Arkansas News Bureau.

Eminent Domain Case A Watershed, Opponents Agree

A property condemnation case from Connecticut has become a surprising watershed in efforts to "curb judicial activism," conservative leader Phyllis Schlafly said Thursday. Elliot Mincberg, legal director for People for the American Way, agreed Thursday the U.S. Supreme Court ruling in Kelo vs. New London has had a surprising and largely negative impact on citizens' view of the judicial system. People for the American Way is a non-profit group that opposes efforts by Schlafly and other conservative to gain more appointments of conservative judges or bar courts from hearing certain cases. The Supreme Court's ruling in the Kelo case upheld a state court decision the city of New London could condemn property, including private homes, to make way for commercial development. The June 23 ruling divided the court in a 5-4 vote. Schlafly came to Rogers on Thursday to speak at an issues forum of the Eagle Forum, held at 6:30 p.m. in the Pinnacle Country Club. The Eagle Forum is a conservative grassroots group founded by Schlafly in 1972. About 100 people attended the forum, which could become an annual event, according to Arkansas Eagle Forum executive director Peggy Jeffries of Fort Smith. The Arkansas chapter has held meetings on an as-needed basis since it was formed in 1977 and has never gone a year without an issues forum, Jeffries said, but is considering more regular meetings.
"I've fought the mischief of activist judges for more than 20 years, including judges who ban the pledge of allegiance and display of the Ten Commandments," Schlafly said in an interview before Thursday's meeting. She said those issue are vital concerns to most citizens, but often resulted in resolutions passed by Congress "which did nothing." The Kelo decision, however, is having a lasting effect, convincing many doubters courts have gone too far, Schlafly said. She said she didn't expect an eminent domain case to have such a deep resonance, but is glad it does. Read the Arkansas News Bureau.

Eminent domain the main topic at committee meeting

On Wednesday morning, the Joint Agriculture, Public Lands and Water Resources Interim Committee met at Eastern Wyoming College to discuss several important topics with the most hotly contested being Wyoming’s legislation of eminent domain. Read the story.

Go slow on eminent domain

The defeat of a proposed constitutional amendment that would have further restricted governments from using eminent domain gives Alabama legislators the chance to return to the issue more calmly next year. Careful study is needed before going any further than the law already passed last year. Legislators passed that law in reaction to an ill-advised U.S. Supreme Court ruling allowing New London, Conn., to seize homes and businesses for a developer who wanted to build condominiums on choice real estate in the city. Read the story in the Press Register.

AG candidates pledge to protect property rights

Two candidates for Arkansas attorney general criticized Tuesday a state law backed by a third candidate which they said infringes on private property rights. At a candidate forum sponsored by the Arkansas Farm Bureau, Democrats Robert Herzfeld and Paul Suskie said they would support amending the state's Tax Increment Financing (TIF) law to protect property owners. Both said a provision of the law that allows for private development of blighted property should be revised to restrict the law's definition of blighted. Rep. Dustin McDaniel, D-Jonesboro, who is also seeking the office, sponsored legislation last year to broaden the law. After the forum, McDaniel said he, too, favors changing the law to further protect landowners. "I don't want anyone to be alarmed because of election-year politics," McDaniel said. "I absolutely favor clarifying the law. I absolutely do not favor private property being taken from one private owner to another." Herzfeld blamed McDaniel for supporting a TIF law that he said could leave farmland or timber land open for taking for private purposes as the law currently reads. Read the story from the Arkansas News Bureau.

Legislature works into early hours on eminent domain

The Alabama Legislature worked into the early morning hours Tuesday but failed to reach a compromise on a proposed constitutional amendment to restrict government's use of eminent domain to obtain private property. The House needed 63 votes to approve the proposed constitutional amendment, but it fell short 54-25. With that, the Legislature ended its 2006 regular session at 2:45 a.m. and legislators headed home to run their re-election campaigns. Read the story.

Judge upholds challenge to eminent domain petition

A Circuit Court judge in Jefferson City on Monday upheld a challenge to a petition seeking a state constitutional amendment regarding eminent domain. Senior Judge Byron Kinder in the 19th Judicial Circuit for Cole County ruled that the fiscal note attached the petition from Missourians in Charge was inadequate. The note said the impact would be greater than $100,000 but didn't clearly indicate whether the amendment would cost or benefit the state. Read the Kansas City Business Journal.

BB&T not wavering on eminent domain

BB&T bank officials say they hate to see anyone pull their account.But if a customer wants out because of the bank's policy on eminent domain, it won't try to stop them.
Charleston Urban Renewal Authority board members voted last week to seek bids from other banks because BB&T announced in January it would not finance private-use redevelopment projects on private property seized by eminent domain. Read the Charleston Daily Mail.

An `A' on eminent domain

The Illinois House is to vote next week to strengthen property rights in this state. The bill would make it more difficult for government to seize private property, but it would still permit government to take land for critical redevelopment projects. If this bill is passed into law, it may serve as a model for the rest of the nation about how to set parameters on eminent domain. Read the Chicago Tribune.

San Jose RDA pledges not to use eminent domain

Faced with a backlash against the use of eminent domain, California's largest redevelopment agency is taking the unusual step of repeating its promise that it will not take single-family homes away from their owners in 19 neighborhoods in San Jose redevelopment areas. Read the Story.