September 1, 2006

Initiative Would Tighten Eminent Domain Laws

By Initiative Would Tighten Eminent Domain Laws

Arizona State University's Web Devil has this report on Proposition 207, which would restrict the abuse of eminent domain.

The U.S. Supreme Court decision in last year's Kelo v. New London case created a need for states to tighten requirements for eminent domain usage, said Farrell Quinlan, vice president of policy development and communications for the Arizona Chamber of Commerce & Industry.

"It flies in the face of the Fifth Amendment to the U.S. Constitution that any such takings are wrong without just compensation," Quinlan said.

The Supreme Court found that the city of New London, Conn., could take private properties for economic redevelopment and such an action could be considered a public use.

Supporters also pushed for Proposition 207 after Gov. Janet Napolitano vetoed a similar bill during this year's legislative session, Quinlan said.

Although dealing with the court claims might burden local governments, courts had to protect property owners from the "seemingly unlimited power of the government," Quinlan said.

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