08/23/05 Eminent domain, Part one

08/23/05 Eminent domain, Part one

The recent U.S. Supreme Court ruling that local governments had the right to take private property for use for private developments that benefited the community at large through means such as increased tax revenue created a reaction that has not been seen in this country for quite some time. That's because the case of Kelo vs. the City of New London Connecticut, or what has become known as the Eminent Domain case, touched on one of the basic tenants of American liberties & the right to own property without fear of taking by the government. KRAUSE: There has been a firestorm of activity and a firestorm of protests that really is likes of which we haven't seen in a long time. And the point made by Rich Krause of the American Farm Bureau Federation is valid. In what might be a brainteaser, does anyone know the last time groups as diverse as Farm Bureau, A.A.R.P. and the N.A.A.C.P. stood in visible unison for such a measure? And Krause illustrates the basic tenant of Kelo vs. New London, and why many groups, not just ag, are upset. KRAUSE: It's the difference between a hospital and a Home Depot. Farmers and ranchers don't mind if they're compensated if the land is going to be used for a hospital. They do mind if it is going to be taken from them to be given to Home Depot to be used for their private economic gain. And the reaction has not just been a significant, across the board outcry by citizens at large. It is also manifesting itself in the form of bills and laws before many state legislatures at a speed that is unheard of in political circles. KRAUSE: The decision hasn't been out even two months, and already there are two states that have taken action. Alabama was the first to pass a statute that restricted the use of eminent domain for private economic gain. And Texas just very recently had passed a law that would do the same thing. Oregon's legislature was unable to pass an eminent domain type measure before its session adjourned earlier this month. However, the citizen's group behind another well known property rights voter initiative, Measure 37, is currently gaining signatures for a measure that would limit the scope of how state government would use eminent domain takings. If enough signatures are gathered, voters would decide on the issue in November 2006. And the action by states to minimize the impact of the eminent domain ruling will continue to grow in the coming months. A look at what lies ahead, and how ag might be impacted, are discussed in coming programs.
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