Good News on the Eminent Domain Front
Finally, some good news on eminent domain. It looks as if Congress passed the law forbidding federal funds to be used by states and local governments who use eminent domain to seize private property for non-public interests. As reported in the Indianapolis Star, the House approved the measure 376-38.
On the Indiana front, Pete Viscloskey, a Democrat, voted against it, but the rest of the Indiana delegation voted for the provision, even socialist Julia Carson. I, honestly, am shocked she voted for it, but even a stopped clock is right twice a day.
David Wolkins, an Indiana legislator from Winona Lake, received a nice write-up in the piece in the Star.
Wolkins had sponsored a bill before the Kelo decision that would have banned property seizures for commercial use. After the high court ruling, a study committee was formed instead and held public hearings on the issue.
Wolkins said Thursday the committee's draft report would recommend curtailing the use of eminent domain to a "last resort" and limiting its use to blighted areas.The panel also would recommend increasing compensation to displaced property owners and paying a larger share of legal expenses, he said.
"I think it makes it a whole lot easier in the state," he said, referring to congressional vote's impact on Statehouse efforts to regulate property seizures.
Cheers to Congress on this and cheers to Wolkins' committee for good suggestions. I'd rather see it cut off at the knees in his committee, but what he is proposing, should it make it through the Legislature, I think will make things more equitable and just for the citizenry, as it is intended to be.
Finally, some good news on eminent domain. It looks as if Congress passed the law forbidding federal funds to be used by states and local governments who use eminent domain to seize private property for non-public interests. As reported in the Indianapolis Star, the House approved the measure 376-38.
On the Indiana front, Pete Viscloskey, a Democrat, voted against it, but the rest of the Indiana delegation voted for the provision, even socialist Julia Carson. I, honestly, am shocked she voted for it, but even a stopped clock is right twice a day.
David Wolkins, an Indiana legislator from Winona Lake, received a nice write-up in the piece in the Star.
Wolkins had sponsored a bill before the Kelo decision that would have banned property seizures for commercial use. After the high court ruling, a study committee was formed instead and held public hearings on the issue.
Wolkins said Thursday the committee's draft report would recommend curtailing the use of eminent domain to a "last resort" and limiting its use to blighted areas.The panel also would recommend increasing compensation to displaced property owners and paying a larger share of legal expenses, he said.
"I think it makes it a whole lot easier in the state," he said, referring to congressional vote's impact on Statehouse efforts to regulate property seizures.
Cheers to Congress on this and cheers to Wolkins' committee for good suggestions. I'd rather see it cut off at the knees in his committee, but what he is proposing, should it make it through the Legislature, I think will make things more equitable and just for the citizenry, as it is intended to be.
posted by Rob Beck | 3:17 PM
4 Comments:
Liberals should be for this as much as conservatives; when we think of eminent domain, we think of Wal-Mart kicking out the locals, or people being forced out of their homes so a car factory can have some nice landscaping out front. Funny how both sides have their own interpretation of what "states' rights" mean.
EXACTLY! Thanks for getting it! This is not a left or right issue. It's a citizen vs. government issue, and government has to be reminded every once in awhile who their boss is.
You want to cheer the committee for this suggestion?:
"Wolkins said Thursday the committee's draft report would recommend curtailing the use of eminent domain to a "last resort" and limiting its use to blighted areas.The panel also would recommend increasing compensation to displaced property owners and paying a larger share of legal expenses, he said."
I'm sorry, but this sound positively meaningless to me. If we give the government the opening to judge "last resort" and "blighted" areas, it won't take long for politicians to abuse it. And how could we ever know if something is truly a "last resort." Sorry but if this is the best they can come up with, we are screwed.
Debbie, you're right- it's not 100% thumbs-up, and not the best they can come up with here in Indiana. Thankfully, it's not too late. You need to write Rep. Wolkins and whomever is on the Committee from your area to let them know that 'last resort' language is not good enough.
If they do not hear this, they will assume that 'last resort' language is good enough.
But, cheers to Congress for making the step in the right direction.
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