Arkansans for Property Rights

Rendell signs eminent domain bills into law

2006-05-13T15:53:00.000-05:00

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

2006-05-13T15:20:00.000-05:00

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

2006-05-08T10:24:00.000-05:00

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

2006-05-08T10:17:00.000-05:00

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

2006-05-08T10:15:00.000-05:00

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

2006-05-08T10:07:00.000-05:00

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

2006-05-04T07:49:00.000-05:00

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

2006-05-04T07:46:00.000-05:00

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

2006-05-03T16:27:00.000-05:00

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

2006-05-03T16:24:00.000-05:00

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

2006-05-03T16:21:00.000-05:00

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

2006-05-03T15:58:00.000-05:00

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

2006-05-03T15:55:00.000-05:00

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

2006-04-28T10:07:00.000-05:00

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

2006-04-28T09:55:00.000-05:00

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

2006-04-28T09:52:00.000-05:00

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

2006-04-28T09:50:00.000-05:00

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

2006-04-28T09:38:00.000-05:00

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

2006-04-25T10:14:00.000-05:00

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

2006-04-25T10:12:00.000-05:00

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

2006-04-25T10:08:00.000-05:00

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

2006-04-25T10:06:00.000-05:00

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

2006-04-25T10:03:00.000-05:00

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

2006-04-25T09:57:00.000-05:00

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

2006-04-25T09:52:00.000-05:00

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

2006-04-20T15:00:00.000-05:00

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

2006-04-20T14:56:00.000-05:00

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

2006-04-20T11:19:00.000-05:00

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

2006-04-20T11:17:00.000-05:00

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

2006-04-20T11:04:00.000-05:00

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

2006-04-20T10:55:00.000-05:00

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.

Americans united against eminent domain abuse

2006-04-13T20:58:00.000-05:00

While it seems as though almost any subject can ignite impassioned debate in a widely divisive America, there appears to be one issue over which Americans are near-unanimous in their opposition: eminent domain abuse. In poll after poll conducted since Kelo, the public has voiced overwhelming opposition to the principles of the decision. When Zogby surveyed 1,076 adults on behalf of the American Farm Bureau Federation earlier this year, 95 percent expressed disapproval of the Kelo ruling. Another 83 percent opposed the use of eminent domain to further private development initiatives. Read the story.

Eminent domain limits gain initial OK

2006-04-13T20:56:00.000-05:00

Legislators in the House and Senate took initial steps Wednesday toward limiting the use of eminent domain and tax breaks in certain redevelopment projects. The Senate gave first-round approval to legislation that tweaks how tax breaks for redevelopment projects can be used. Read the Missourian.

Aanestad uses his Web site for eminent domain issue

2006-04-13T20:47:00.000-05:00

Sen. Sam Aanestad is dedicating a portion of his State Senate Web site to the fight against eminent domain abuse in California and the government practice of taking private land to award to another private owner. Aanestad, R-Grass Valley, created the special Web site section after hosting a series of town hall forums on the subject of eminent domain abuse. Read the Union.

Eminent Domain Battle

2006-04-05T20:57:00.000-05:00

Louisiana property owners could soon have more protection against forced government buy-outs. The state senate received a proposed bill that would ban such eminent domain buy-outs if the property is then handed over to a private company. Read the story.

Perdue signs eminent domain bill, Dems protest 'hypocrisy'

2006-04-05T20:55:00.000-05:00

Gov. Sonny Perdue signed into law Tuesday a pair of bills aimed at making it harder for the government to seize private property. Democrats, meanwhile, accused the governor and his Republican counterparts in the Legislature of election-year backpedaling just one year after pushing their own efforts to make taking private property easier. Read the story in the Telegraph.

New London city council nixes move of eminent domain homes

2006-04-05T20:52:00.000-05:00

Kelo revisited---A new push to save some New London homes from eminent domain. has fallen short. Fort Trumbull homeowners desperate for a solution stood by as the city council put it to a vote. Read the story.

Doyle signs eminent domain bill

2006-03-30T21:09:00.000-06:00

Wisconsin governments can't seize private property that isn't blighted and hand it over to companies for redevelopment under a bill Gov. Jim Doyle signed into law Thursday. Read the Duluth News Tribune.

Mountain States Legal Foundation: Property Rights Activists Are Not Terrorists

2006-03-30T21:06:00.000-06:00

Property rights activists are not terrorists, the Governor of Virginia was advised today in a letter from a nationally known public interest law firm. Thus, Virginia should revoke and rewrite a manual developed by the Virginia Department of Emergency Management as part of a "terrorism awareness course" and used by that agency "to teach state employees basic terrorism awareness." In the letter, William Perry Pendley, president and chief legal office of Mountain States Legal Foundation, faulted the manual's label of "property rights activists" as "terrorist organizations" because they seek to "undermine confidence in the government" and "influence government or social policy." Read the story.

New advocate joins eminent domain fray

2006-03-30T21:04:00.000-06:00

Ronald K. Chen, sworn in yesterday as New Jersey's public advocate, announced that his first move would be to review the use of eminent domain for private development. Gov. Corzine said the review would shape his administration's policy on the issue, which has ignited controversy and lawsuits in projects from Camden to Lawnside to the Shore. Read the Philadelphia Inquirer.

Businesses, residents unite to fight eminent domain

2006-03-30T21:02:00.000-06:00

Businesses in a San Ramon redevelopment district are marked with a "bull's-eye," a new citizens' group contends -- not only because they are situated in a redevelopment area, but also because the city wants to re-establish eminent domain there. Read the story.

Black Activists Call for Eminent Domain Restrictions in Virginia

2006-03-30T20:55:00.000-06:00

The push to restrict the use of eminent domain for private development in Virginia is getting an extra shove from black activists worried the homes and businesses of minorities could be the main targets of real estate developers and local governments hungry for more tax revenue. Read the story in the Heartland Institute.

Digging in against threat of eminent domain

2006-03-30T20:54:00.000-06:00

A group of Long Branch residents who may lose their oceanfront homes through eminent domain asked a Superior Court judge in Monmouth County yesterday to throw out the city's condemnation efforts against them. By challenging the potential condemnations, the two dozen homeowners living along the northern strip of Long Branch's beachfront are trying to get Assignment Judge Lawrence M. Lawson to stop the city's use of eminent domain in its massive oceanfront redevelopment plan. Read the Star Ledger.

Missouri Bank Refuses to Finance Eminent Domain Development Projects

2006-03-30T20:50:00.000-06:00

A Missouri-based bank has announced it "will not lend money for projects in which local governments use eminent domain to take private property for use by private developers," making it the second lending institution in the nation to do so. The February 5 announcement by Montgomery Bank, which operates in St. Louis and southeastern Missouri, followed by two weeks a similar announcement by North Carolina-based BB&T Corp., the nation's ninth-largest bank. Read the story from the Heartland Institute.

Senate signs off on eminent domain reform

2006-03-25T12:14:00.000-06:00

The Georgia Senate on Friday gave its blessing to Gov. Sonny Perdue's broad-based eminent domain reform package. Senators' 53-0 vote in favor of House Bill 1313 and 52-2 vote for House Resolution 1306 means the state is just a few steps away from adopting eminent domain laws touted by proponents as the most comprehensive in the nation. Read the story in the Atlanta Business Chronicle.

Judge OKs SIDA use of eminent domain

2006-03-18T09:29:00.000-06:00

State Supreme Court Justice John Centra on Thursday approved the Syracuse Industrial Development Agency's use of eminent domain to seize the rights of 14 Carousel Center stores to block an expansion of the mall. The story is in the Post Standard.

Lawmakers Right On Eminent Domain

2006-03-18T09:15:00.000-06:00

One of the secrets to America’s success as a nation has been a heritage of safeguarding certain important rights of individuals, even when the “common good” may suggest that they should be abandoned. Only a handful of countries, even among those normally viewed as “democratic,” have such traditions. West Virginia legislators this year were under substantial pressure — from people they normally try to please — to ignore the tradition. It is to their credit that they upheld it, instead. Read the Wheeling News Register.

Tougher eminent domain criteria pass

2006-03-15T20:29:00.000-06:00

The practice of taking private land through eminent domain became more difficult Tuesday when the Indiana Senate agreed to final changes on House Bill 1010 – sending it to Gov. Mitch Daniels for approval. The Senate voted 49-0 to approve the legislation for the final time while the House had voted 89-8 late Monday on the measure. Read the story in the News Sentinel.

Protecting property rights in Virginia

2006-03-12T17:56:00.000-06:00

Virginia, a state synonymous with American history, is poised to make it once again, though it remains to be seen what kind of history it will be. In February, both the Senate and House of Delegates passed two versions of legislation seeking to reform the state's horrid eminent-domain laws. In the wake of the U.S. Supreme Court's infamous decision in Kelo v. City of New London -- which now allows the government to take property from one individual and transfer it to another on the mere promise of increased tax revenue or jobs -- home and small business owners around the country are calling for an end to this type of abuse. Virginia joins more than 40 other states that have passed or are considering passing eminent-domain reforms. Read the Washington Times.

Judge rules in favor of Blackwater citizens in eminent domain case

2006-03-12T17:54:00.000-06:00

Saying the City of Blackwater “exceed its authority granted by city ordinance,” Judge Robert Koffman has found in favor of the defendents in an eminent domain issue. The ruling, handed down by Koffman on February 22, found in favor of Blackwater residents Michael Root, Sr., and Walter and Edna Young due to the city's lack of statutory authority. Read the Boonville Daily News.

Voters Take Stand On Eminent Domain

2006-03-12T17:52:00.000-06:00

Texans voting in the republican primary this week sent a clear message to state lawmakers. 94% supported a constitutional amendment preventing the government from taking private property through eminent domain for economic purposes. Read the story.

West Virginia Eminent domain bill clears Senate

2006-03-12T17:49:00.000-06:00

The eminent-domain bill passed by the state Senate on Thursday would leave some room for urban renewal efforts such as the proposed Artisan Avenue project in Huntington, but it could make them more difficult. The state Senate unanimously passed the measure (HB4048), designed to prohibit cities from using their eminent domain powers to take private property for economic development purposes. The bill allows cities to continue using eminent domain in slums and blighted areas, but it also gives property owners an appeal process. Read the Herald Dispatch.

House passes eminent domain reform

2006-03-12T17:46:00.000-06:00

The Georgia House of Representatives on Thursday overwhelmingly approved Gov. Sonny Perdue's omnibus eminent domain reform package. House Bill 1313 has been touted as the nation's most comprehensive proposal to curtail government's power of eminent domain for economic development since a June U.S. Supreme Court decision opened the door for states to restrict the practice. Read the Atlanta Business Chronicle.

City moves to condemn SBC church using eminent domain

2006-03-12T17:44:00.000-06:00

City leaders in Long Beach, Calif., have classified the Filipino Baptist Fellowship’s building as a blighted area and are forcing the congregation out in order to make way for condominiums. The path for the case was laid when the Supreme Court ruled 5-4 last summer in Kelo v. New London, Connecticut that a city’s use of eminent domain to transfer property from one private party to another may qualify as a “public use” protected by the Constitution. Read the story.

Mayor wary of state eminent domain effort

2006-03-12T17:41:00.000-06:00

Alabama lawmakers are moving toward approving a constitutional amendment that could further restrict local governments' right to seize private property under eminent domain. Backers of the effort -- led by the Alabama Farmers Federation, commonly called Alfa -- cast their case as one of traditional American, free-market property rights. But many city and county officials, including those in Mobile, say the populist-driven proposal, depending on which version is adopted, could overreach and severely curtail economic development efforts around Alabama. Read the Mobile Register.

Governor vetoes anti-eminent domain bill

2006-03-08T22:52:00.000-06:00

New Mexico Governor Richardson has vetoed eminent domain legislation. The measure was intended to prevent state and local governments from using their powers to take property for private development projects. Read the story.

Judge rejects petition for a referendum against eminent domain

2006-03-08T22:49:00.000-06:00

A judge denied a request this morning to let Clayton, Missouri voters approve or reject on June 6 a city ordinance that allows a developer to use eminent domain to build the Centene Plaza World Headquarters project in the heart of downtown Clayton. Read the Saint Louis Dispatch.

City to use eminent domain

2006-03-08T22:45:00.000-06:00

The Manhattan, Kansas, City Commission voted Tuesday to use eminent domain to take property from two landowners for the downtown redevelopment project. The commission unanimously decided to begin the process to take properties located at 517 N. Third St., owned by Penny Ferlemann Sizemore, and 521 N Third St., owned by Sizemore’s sister-in-law, Marlene Ferlemann. The property at 517 N. Third St. is leased by Family Dollar. Read the Kansas State Collegian.

Panel seeks eminent domain bill

2006-03-08T22:05:00.000-06:00

Two very different bills aimed at curbing the use of government condemnation power are headed for a General Assembly conference committee. The eminent-domain bills, sponsored by two Virginia Beach Republicans, Sen. Kenneth W. Stolle and Del. Terrie L. Suit, started through the legislature as very different proposals. Stolle's bill, only 15 lines long, said simply that the condemnation of private property for the "primary purpose" of economic development was not a public use allowed by the Virginia Constitution. Suit's bill, which stretched to 79 lines, sought to limit condemnation while allowing its existing use for such things as blight removal and building utility lines and roads. Read the story.

NFIB targets eminent domain abuse

2006-03-08T22:02:00.000-06:00

The National Federation of Independent Business announced that prohibiting eminent domain abuse by government is its top priority for the 2006 legislative session. The Florida Legislature, which convened Tuesday, will address the issue during the session. In a recent NFIB Florida survey, 91 percent of respondents said the government's power of eminent domain should be restricted to prevent private property from being seized for private commercial enterprises for the purposes of economic development. Read the Orlando Business Journal.

Illinois Senate OKs measure on eminent domain

2006-03-08T22:00:00.000-06:00

Local governments would have a tougher time taking residents' property for economic development under a bill approved by the Illinois Senate. The measure, approved 44-2, would apply a higher standard for local governments to exercise eminent domain to clear the way for private development projects. The bill now goes to the House. Read the Belleville News Democrat.

Eminent domain law may be too broad

2006-03-08T21:57:00.000-06:00

Florida’s eminent domain laws face imminent changes according to state Rep. Dick Kravitz. Eminent domain allows the government to take private property for public use. But it will become more difficult for cities and counties to use following the upcoming legislative session, Kravitz predicted at a legislative briefing last week. The current law is too broadly worded said Kravitz. The current law says “blighted” properties can be taken for a “public purpose.” That language needs to be tightened to prevent abuse. Read the story in the Financial News & Daily Record.

Lawsuits in eminent domain fight over suburban golf club

2006-03-08T21:54:00.000-06:00

Lawsuits were filed in New York Tuesday aimed at stopping an affluent suburban village from using the legal concept of eminent domain to take over a privately owned golf course. Read Newsday.

City Negotiates With Property Owners Deals must go before council March 14

2006-03-07T10:49:00.000-06:00

A city committee on Monday bargained with property owners along Huntsville Avenue, hoping to reach a compromise on the price of their land. The negotiated deals the committee approved must go before the Springdale City Council at its meeting on March 14. The committee brokered deals with five property owners for $109,100 above appraised values by looking at each case individually and hearing from property owners about real estate values and lost income from the street widening project. Read the Morning News.

State Refiles Condemnation Suit For Hobbs State Park

2006-03-07T10:45:00.000-06:00

The state has filed a lawsuit seeking to condemn 201 acres near Hobbs State Park for campgrounds and trails. The Arkansas attorney general's office filed the eminent domain suit Monday in Benton County Circuit Court. It was assigned to Circuit Judge David Clinger. The land is needed for a long-range development plan approved by the Arkansas State Parks, Recreation and Travel Commission, the suit states. Read the Morning News.

Lake Helen, Florida, wants to limit eminent-domain powers

2006-03-03T20:44:00.000-06:00

City officials took a first step Thursday to limit their own power to seize homes and businesses for the benefit of private development. The city, which wants to put the issue before voters, became the first in Volusia County to take a stand and joined hundreds across the nation grappling with the issue. Read the Orlando Sentinal.

Alabama citizens debate eminent domain

2006-03-03T20:39:00.000-06:00

People from across Alabama showed up Wednesday to ask legislators at a public hearing to protect them from those who might seek to take their land for a fast-food restaurant or discount store. So many people packed the House County and Municipal Government Committee's chamber that the crowd spilled into the hallway and committee Chairman Rep. Bill Dukes, D-Decatur, moved the hearing on proposed eminent domain legislation to the main House chamber. Read the story.

Weld Vows to Bar Eminent Domain in Private Takings

2006-03-03T20:34:00.000-06:00

Thrusting the heated issue of eminent domain into the forefront of the governor's race, Republican candidate William Weld vowed that, if elected, he would bar state government from condemning private property and transferring it to another private owner. Read the story in the New York Sun.

Washington next in property rights wars

2006-02-22T21:34:00.000-06:00

After an Oregon high court ruling Tuesday on Measure 37 appears to have turned that state’s system of land use regulations on its head, there’s every reason to believe Washington could be next. “We’re certainly pleased to see that the Oregon Supreme Court upheld the people of Oregon’s right to use the initiative process to uphold their property rights,” said Dean Boyer, a spokesman for the Washington Farm Bureau. Read the story.

Eminent domain measure to go on Chula Vista ballot

2006-02-22T21:29:00.000-06:00

Council members handed a victory to an activist group yesterday by voting unanimously to place an eminent domain measure on the June ballot. Proposed by Chula Vistans for Private Property Protection, the measure would curb the city's power of eminent domain. The story is here.

Oregon Supreme Court upholds voter-approved property rights law

2006-02-22T21:25:00.000-06:00

The Oregon Supreme Court on Tuesday upheld a voter-approved property rights law that requires governments to either pay landowners for losses caused by state land-use regulations or waive the regulation and allow development. Read the story.

Land bills stir lawsuit fears

2006-02-22T21:22:00.000-06:00

Lawmakers are out to stop city governments from forcing private-property owners to sell their land so the governments can hand it over to developers in the name of economic progress. And they are in a hurry, poised to put the fast-tracked measure on the November ballot as early as this week. Backed by Republican legislative leaders and written by public-interest lawyers who have won high-profile property rights cases, the twin House and Senate measures would ask voters to rein in abuses by city governments that use the redevelopment practice known as eminent domain. There are more than a dozen bills moving through the Legislature to reform eminent domain, but the referendum incorporates many of the same ideas, including making cities pay owners more than fair market value for their properties. Read the Arizona Republic.

Limiting eminent domain

2006-02-22T21:20:00.000-06:00

Northeast Colorado lawmakers are among the sponsors of six bills and two resolutions for a constitutional amendment to rein in the use of eminent domain. Rep. Cory Gardner, R-Yuma, and Sen. Greg Brophy, R-Wray, are teaming up in House Bill 1099 to completely ban the use of condemnation by a government entity if the property is then transferred to a private party to generate economic development. Rep. Kevin Lundberg, R-Berthoud, who calls the use of eminent domain an attack on private property rights, guaranteed in the U.S. Constitution, is sponsoring House Bill 1208 to require compensation to the owner of up to 100 percent above the fair market value of the property taken. Read the story in the Journal-Advocate.

Eugene developers say they won’t pursue eminent domain

2006-02-22T21:17:00.000-06:00

Eugene, Oregon developers Tom Connor and Don Woolley said Feb. 9 they will continue negotiations with property owners instead of asking the city to use eminent domain to acquire property for their multi-million-dollar downtown redevelopment plan. The decision came after the public raised concerns when the developers asked the Eugene City Council to obtain the needed land for them, raising the possibility the city would use eminent domain to acquire the properties. Read the Oregon Daily Emerald.

Property rights up for court review

2006-02-22T21:15:00.000-06:00

The old expression "possession is nine-tenths of the law" might just be understating things under a centuries-old property right statute in New York. What started out as a dispute over a barking dog eventually led G. Scott Walling to sue his neighbors over who owned a 5,000-square-foot wedge of land. He won under the law of adverse possession, which dates back 200 years. Now, Paul and Denise Przybylo, who lost the case, are appealing to the state's highest court in an effort to change the law, at least in part.Read the story in the Times Union.

RHODE ISLAND TOWN COUNCIL REJECTS EMINENT DOMAIN POWER

2006-02-19T10:10:00.000-06:00

Rest assured, the town cannot seize and replace your home with a hotel, office park or chain restaurant. Westerly Town Council members have approved an ordinance this week barring themselves and other town officials from invoking the power of eminent domain to take local private property for economic development purposes. The story is in the Westerly Sun.

Eminent Domaine is Economic Segregation-Business Owners Outraged Over Eminent Domain Issue

2006-02-19T10:06:00.000-06:00

Lancaster Street in Ardmore’s historic business district is slated for redevelopment and business owners are upset over the plan. In efforts to fight national abuse, Representative James Sensenbrenner of Wisconsin says, “The land that all of our homes and businesses sit on really is not ours.” Sensenbrenner says that the township owns it and is in the wrong, “And they can decide to redevelop it and get more property tax revenue out of it simply by majority vote.” Carla Zambelli of the Save Ardmore Coalition says, “Eminent domain is economic segregation and class warfare and that’s not what this country’s about.” Read the story.

MD Lawmakers Will Debate "Public Use" For Eminent Domain

2006-02-19T10:01:00.000-06:00

You could be forced to sell your property if the government feels it has sufficient public use. A monumental US Supreme Court ruling giving cities the power of eminent domain will soon be the focus in Annapolis. Several bills are expected to be debated next week, including an amendment to the Property Protection Act of 2006. In it the term "public use" will be more clearly defined. This debate is very important to Arkansas. Read the story.

Skowhegan, Maine resident voices his concerns

2006-02-19T09:58:00.000-06:00

Skowhegan resident Hank Clark told lawmakers Thursday the state didn't notify him or his neighbors that their homes were in the path of a proposed downtown bypass. It was only after a town selectman called that he found out about the new proposal. Read the Morning Sentinel.

Lawsuit Over Eminent Domain Could Snarl Bush Library Plans

2006-02-19T09:55:00.000-06:00

The school favored to host the George W. Bush Presidential Library, Dallas's Southern Methodist University, may encounter a snag next week in the form of a lawsuit alleging that the school has improperly seized local homes in order to secure land for the proposed library site. Amid increasing outrage among Republicans over the use of eminent domain and other coercive measures to obtain private property for public projects, a case in Dallas County's 134th Civil District Court, which is set to begin on Tuesday, will determine whether the university violated its legal obligations to local homeowners in an effort to secure the land currently occupied by the University Gardens condominium complex, a potential library site. Read the New York Sun.

Farmland owners fighting Troy eminent domain suit

2006-02-19T09:41:00.000-06:00

Troy and owners of farmland beside Interstate 270 remain at odds over how much a developer should pay for 175 acres to build a new shopping and business center. The city is attempting to exercise its powers of eminent domain to take the land. The owners are fighting in court to make the city's developer negotiate a price without the guarantee he will ultimately get the land. A lull now is over the courtroom action, while lawyers for both sides build their cases, Troy Mayor Tom Caraker said. Read the Belleville News Democrat.

Injunction sought over eminent domain attempt

2006-02-19T09:37:00.000-06:00

A permanent injunction is being sought to stop the town from using eminent domain proceedings to take a Sillmanville Road parcel. The property, along with land off Clark Gates Road, is where officials want to build the grade 4-8 middle school. The request for the injunction was filed in Middlesex Superior Court on Feb. 6. by a lawyer who manages the estate that owns the Sillmanville Road parcel, the Estate of Bernard Manger. Read the story.

Sound Transit can seize land

2006-02-19T09:30:00.000-06:00

A Tacoma couple lost their court fight Thursday to keep Sound Transit from seizing their property to build a commuter rail station. The ruling could have broader implications for the power of government in Washington state to seize private property by eminent domain. The state Supreme Court, in a 5-4 decision, said it generally does not referee disputes when a government agency needs to seize property. The court also said a Web site posting was enough notice of a meeting on taking the couple’s land. The majority ruling of the court said it is a “legislative judgment” that determines when it is necessary to seize someone’s property for a public use. It said the courts will overturn that decision only if there is proof of fraud or when the government clearly ignores the law. Read the story in the News Tribune.

Washington State Farm Bureau files Property Rights Initiative

2006-02-16T18:47:00.000-06:00

Washington Farm Bureau has filed its final version of its Property Fairness Initiative with the Secretary of State’s Office. Filed on Feb. 3, the initiative would require state and local government to compensate landowners when regulations “damage the use or value” of private property. Read the story in the Capitol Press.

Eminent-domain bill clears Senate

2006-02-15T16:51:00.000-06:00

Calling it a model of legislative cooperation, the South Dakota Senate on Tuesday unanimously passed a measure that is designed to protect private-property rights. “This bill is truly a work of art,” Senate Minority Leader Garry Moore, D-Yankton, said. Moore commended HB1080’s chief sponsors, Sen. Jim Lintz, R-Hermosa, and House Majority Leader Larry Rhoden, R-Union Center, for working with interested parties in crafting the legislation. HB1080, which ensures that government agencies cannot condemn land for economic development, stems from a controversial U.S. Supreme Court decision last summer regarding eminent domain. Read the Rapid City Journal.

Grill owner fights eminent domain

2006-02-15T16:49:00.000-06:00

93-year-old Makes Strides Against Eminent Domain Abus

2006-02-15T16:47:00.000-06:00

A 93-year-old Georgia woman recently won a victory in her battle against eminent domain abuse. A jury ruled that hospital seeking to take Julia Lemon's property would have to pay her five times its value if they wanted to take the property. After living in the house 26 years, Julia refused to leave without a fight, one of many brave freedom fighters around the country standing up against eminent domain abuse. Read the story.

Eminent domain leads extended House floor session

2006-02-15T16:44:00.000-06:00

The House of Delegates inched toward the procedural midpoint of the legislative session on Monday with a lengthy floor session highlighted by a spirited debate over legislation to spell out the power of state and local governments to condemn private property. Read the Roanoke Times.

Putting a Leash On Eminent Domain

2006-02-15T16:42:00.000-06:00

With battles over eminent domain raging across the country, Clifton businessman William Van Ness found a novel way to foil a local school board’s effort to seize some land he owned near his plant. He hired a public relations firm and launched a $65,000 media campaign to claim the industrial area in which the site is located was too polluted, noisy and full of traffic for a new middle school the board wants built. Read NJ Biz.

Eminent domain foes fight back

2006-02-15T16:37:00.000-06:00

The owner of Rod's Grill wants voters to block a redevelopment deal that would bulldoze his restaurant and a handful of other properties to make way for an expanded Mercedes- Benz dealership. Manny Romero is circulating petitions for an initiative for the November ballot. He said he is confident because he has received support from his customers. "They talk about a lot of nice memories from three generations," Romero said. "They don't want to see downtown become a parking lot." The city has proposed using eminent domain to seize the restaurant parcel. The City Council is expected to consider whether to pursue that approach at its March 7 meeting. Read the story.

Senate to consider eminent domain

2006-02-14T09:19:00.000-06:00

A measure limiting the power of governments to seize land using eminent domain gained unanimous support in the House on Saturday. The bill would prevent land from being seized from a private owner in order to promote private or commercial development. Read the Daily Times.

Arizona legislators are moving to bolster property owners' protections from forced sales to government through the power of eminent domain.

2006-02-11T10:56:00.000-06:00

The Senate on Thursday voted 23-5 for a resolution (SCR1008) to ask voters to enact a law creating a new right to trial by jury on whether a condemnation by the state or a local government is for a public use and therefore allowed under state law. The Senate also approved, 24-4, a bill (SB1110) to declare that a projected increase in tax revenue or other economic benefit doesn't qualify as a public use for which eminent domain can be used. Meanwhile, the House has given preliminary approval to bills to require that public bodies disclose the scope and cost of projects involved with eminent domain (HB2062), consider eminent domain actions in public (HB2063) and reimburse private property owners for legal costs in some instances (HB2064). The important details are here.

South Carolina Property Rights Amendment Wins Approval

2006-02-11T10:54:00.000-06:00

Senators gave key approval Wednesday to legislation that would let voters decide whether to give property owners more protection from government land seizures. Read this short story.

Perdue unveils bills regulating eminent domain

2006-02-11T10:52:00.000-06:00

Local governments would be prohibited from condemning private property to put money in the pockets of developers under legislation unveiled by Gov. Sonny Perdue on Wednesday.
Taking charge of a legislative debate that has spawned dozens of bills, the governor proposed both a constitutional amendment and a law banning eminent domain for economic development purposes. Read the story.

Ballot proposal seeks eminent domain restrictions

2006-02-11T10:46:00.000-06:00

A new ballot initiative proposed Wednesday would restrict the use of eminent domain while also providing compensation to people whose property values decline because of government regulations. The proposed constitutional amendment was filed with the secretary of state's office by Kansas City resident Patrick Tuohey, who formed a group called Missourians in Charge to push for the ballot measure. Read the story in the Belleville News Democrat.

Senate committee stalls eminent domain again

2006-02-08T15:54:00.000-06:00

Eminent domain legislation took a detour in a Senate committee again Tuesday when Democrats and Republicans failed to agree on the best way to protect private property from government seizure. Read the Decatur Daily.

House panel rips Riviera Beach over use of eminent domain

2006-02-08T15:52:00.000-06:00

Riviera Beach's billion-dollar waterfront redevelopment project took a beating Tuesday during a meeting of a House committee that is studying ways to limit the use of eminent domain in Florida. Read the Palm Beach Post.

Governor Perdue announces legislation to protect private property rights

2006-02-08T15:48:00.000-06:00

Governor Sonny Perdue today announced legislation that will protect the private property rights of Georgians against abuses of the use of eminent domain. “The government’s awesome power of eminent domain should be used sparingly and never be abused for private benefit,” said Governor Sonny Perdue. “I ask the legislature to submit a Property Protection Amendment to the voters and to return a strong bill to my desk that reflects the will of the people of Georgia. Government must always respect the property rights of its citizens.” Read the story in the Rome News-Tribune.

Dems back curbs on eminent domain

2006-02-08T09:43:00.000-06:00

The California Democratic Party has adopted a resolution opposing the use of eminent domain for redevelopment purposes, thanks in large part to the leadership of two local politicians. Read the San Francisco Examiner.

Another Bank Refuses To Fund Eminent Domain Projects

2006-02-08T09:31:00.000-06:00

Montgomery Bank, which has six branches in St. Louis and five branches in Southeast Missouri, announced late last week that "it will not lend money for projects in which local governments use eminent domain to take private property for use by private developers." Read the story.