Eminent Domain: The Clouds and the Silver Lining
As the legislature gavels back into action, one of the hot topics is eminent domain. In fact, two bills have already been introduced that address this subject.
As you may recall, the United States Supreme Court last term, in Kelo V. New London confirmed the power of state and local governments to provide for the general welfare by seizing, with appropriate compensation, the property of private citizens.
Property rights advocates have been pushing hard since the decision to urge governments to enact legislation defining and limiting the scope of those powers. The Georgia General Assembly has given them a sympathetic ear.
Advocates of public participation need to take a careful and reasoned look at proposed legislation and then act fast! Two areas important to urban dwellers could be at risk: housing redevelopment and rail. Both are at risk because writers of the legislation may so limit the power of local governments that transportation and blight may not qualify as pressing needs.
First, there is a general effort to limit governments from seizing land and then giving it to any corporate entity. Since projects such as the beltline, expand mass transit, and suburban rail will require independent authorities and corporations to run them, look for the road building lobby to use this to limit the expanded use of mass transit.
The second area in which urban advocates should take care is in housing redevelopment. Basically, the General Assembly is re-construing the law so that new development of a blighted area is easier to fight. There is, however, an upside here. Historic preservationists now have a new weapon in protecting the remaining historic treasures in Georgia. Houses, commercial buildings, and public art will now all be easier to protect and using the force of government to eliminate them will become harder.
Of course, no matter what happens it will all go back to court again..