Originally published July 31 2005
States quickly looking to limit the government's power of eminent domain
by Mike Adams, the Health Ranger, NaturalNews Editor
After a recent Supreme Court ruling giving governments the power to seize private property for economic growth, as many as 23 states are now looking to pass laws that make that process more difficult.
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.
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.
The Institute for Justice, which represented homeowners in the Connecticut case that was decided by the Supreme Court, said at least 25 states are considering changes to eminent domain laws.
The Constitution says governments cannot take private property for public use without "just compensation."
Governments have traditionally used their eminent domain authority to build roads, reservoirs and other public projects.
In June, the Supreme Court ruled 5-4 that New London, Conn., had the authority to take homes for a private development project.
But in its ruling, the court noted that states are free to ban that practice --- an invitation lawmakers are accepting in response to a flood of e-mails, phone calls and letters from anxious constituents.
"The Supreme Court's decision told homeowners and business owners everywhere that there's now a big `Up for Grabs' sign on their front lawn," said Dana Berliner, an attorney with the Institute for Justice.
"Before this, people just didn't realize that they could lose their home or their family's business because some other person would pay more taxes on the same land.
Don Borut, executive director of the National League of Cities, which backed New London in its appeal to the high court, said government's eminent domain power is important for revitalizing neighborhoods.
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