Minnesota Legislature Works on Tough Eminent Domain Laws
Minnesota’s legislature has taken up the eminent domain battle and stricter legislation is almost ready for the governors signature. The Kelo decision has raised the ire of people, and very few of the legislators in Minnesota are willing to go against the will of their constituents on eminent domain.
The House voted 115-17 for a bill that would strictly limit cities, counties and townships from using their power of eminent domain to condemn homes and businesses to make way for such tax-generating projects as shopping malls or office parks.
Last week, the Senate passed a similar bill by a 64-2 vote. Differences in the bills still are to be worked out, though it appears almost certain that the Legislature will pass new protections for property owners during the current session. Gov. Tim Pawlenty has not commented on the House bill but has said he supports the concept.
A U.S. Supreme Court ruling last summer sparked the legislation. In Kelo v. New London, the court authorized the city of New London, Conn., to seize and tear down private homes to make way for a hotel and office park. But the court also decided that states could restrain such uses of eminent domain.
Minnesotans were shocked and angered by that ruling, the bill’s sponsor, Rep. Jeff Johnson, R-Plymouth, told the House. “A lot of people said to me, ‘I cannot believe that this can happen in America or in Minnesota.’ “via St. Paul Pioneer Press.
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We already knew ...
