Limits Placed on Eminent Domain

WLBT 3

If it's passed, a bill currently in the state senate could strengthen property rights for Mississippians. But could it also stunt economic growth for the state? 

During the 2008 legislative session, Jackson State University hoped a bill giving them "quick take" ability would pass so they could take advantage of tax credits for land development near campus. It died in committee.

This year, Senator Joey Fillingane hopes to toughen state law when it comes to eminent domain purchases.

"Under this current status of this law, you would not be able to take private property from a citizen and give it to a private developer simply to try to increase tax revenue," said Senator Joey Fillingane, (R) Sumrall.

David Wade at Mississippi Farm Bureau says it gives property owners true protection.

"It excludes everything but a true public use and that includes ... highways, it includes schools, it includes public utilities," said Waide.

But if the bill was law a few years ago, Senator Walter Michel says Mississippi would never have gotten the Nissan or Toyota plants. Michel considers employers that create hundreds of jobs beneficial also.

Mississippi is having the same problems as so many other States. When a limit is placed on eminent domain will that stop development? Is the community’s desire for a private development more important than private property ownership?

Local Government Attacks Private Use

DelMarvaNow

Representative of local governments across the state are criticizing a bill that limits the use of eminent domain in Delaware to public purposes.


The bill, sponsored by Laurel Democrat Robert Venables, was scheduled for a Senate vote later today. It would limit the power of governments to seize property through eminent domain to instances where the land would be taken for public use.


The bill specifically states that public use does not include increasing tax revenues, the local tax base, or jobs through private land owners or economic development.

Representatives of the Delaware League of Local Governments gathered at Legislative Hall today to voice their opposition to the bill, as well as others that they believe infringe on local authority.

George Wright, executive director the league, said the eminent domain bill is an attempt to take home rule away from local governments.



This article is an example of one of the few times a local government has been at the forefront of attacking private use takings. Generally, the local agencies look for some specific non-governmental agency to "carry the water".