Governor proposes bill to close eminent domain loopholes
By Kyle Arnold, Associated Press writer
Friday, January 20, 2006 1:54 PM CST
BOISE, Idaho -- Gov. Dirk Kempthorne's proposal for tightening restrictions on condemning private property was introduced in the Legislature on Wednesday.
The bill would making it more difficult for local governments to use their power of "eminent domain" to condemn property by deeming it deteriorating or blighted. The bill would restrict condemnation to property considered moral, health, crime and fire risks.
The bill -- one of several on the subject introduced this year -- responds to a decision by the U.S. Supreme Court that upheld a decision by the city of New London, Conn., to condemn homes to allow private development.
"The court said what New London did was perfectly legal, but it's a state's rights issue, so the state has to determine what its policy is going to be in this arena," said House Speaker Bruce Newcomb, R-Ketchum, who sponsored the bill at Kempthorne's request.
Newcomb said the bill ensures property owners the option to negotiate a buying price with public entities, without fear the property will be deemed condemned, forcing owners to sell at whatever price is deemed fair by the government.
"What we are doing here is offering people a comfort level that they are secure in their homes and no public entity is going to be able to condemn their homes," said Newcomb.
Sen. John McGee, R-Caldwell, is introducing the same bill in the Senate.
The bill doesn't address the seizing of private properties by public entities for industrial and retail development, but McGee said it is the first step in addressing other eminent domain concerns.
"What we've done with this bill is set the framework for any other legislation," McGee said. "Now we can look at other steps that need to be taken."
With support from the governor and legislators in both chambers, McGee and Newcomb are convinced the bill will pass easily through the Legislature.
At least 12 eminent domain bills have been introduced through Wednesday -- including 10 by Sen. Skip Brandt, R-Kooskia. Brandt said his bills put greater restrictions on what can be done with property once it is taken under eminent domain laws.
In the Connecticut case, the justices ruled 5-4 that city officials were allowed to clear people's homes to make way for shopping malls or other private development. The ruling gave local governments broad power to seize private property to generate tax revenue.
Local and state governments have used the authority for decades to obtain land for roads and other public works. But the Supreme Court expanded that power to include private developments thought to benefit the common good.
Newcomb said his support for the bill comes from his own experience when part of his ranch was bought under eminent domain laws to build a highway. He said during negotiations, there was always the threat that his property could be condemned.
"This has been an area of interest of mine since I've been elected to the legislature," he said. "We came out all right, but it is a personal experience."
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