Monday, February 20, 2006

States eye land seizure limits

USA Today reports:
More than 30 state legislatures are considering limits on the power of local governments to condemn private property and transfer it to real estate developers to spur economic growth.

Lawmakers are responding to a Supreme Court ruling in June that permitted eminent domain powers to be used in New London, Conn., to confiscate waterfront homes to build an office complex and condominiums. The 5-4 ruling prompted property rights advocates to take their case to state legislatures.

Five states enacted small changes last year, but most legislatures were not in session after the court ruling. “This is the crucial year for the eminent domain issue,” says Larry Morandi, who tracks eminent domain legislation for the National Conference of State Legislatures.

Bills to restrict eminent domain have moved forward in Georgia, Virginia, Indiana, Kentucky and several other states, but none has become law yet. In New Mexico, the state Senate and House both approved limits, but the Legislature adjourned before final approval.
We have a feeling that state Constitutional changes are the only thing that will make somewhat of a difference.