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                         Lawmakers tackle issue of eminent domain

 from KentuckyLRC

> FRANKFORT -- The question of whether governments in Kentucky are abusing the power of eminent domain was ripe for discussion in a state

legislative committee meeting today.

>

> The discussion stemmed from 2005 House Concurrent Resolution 57, a

> measure that failed to pass last session but would have required the

> Interim Joint Committee on Judiciary to look into possible abuses of,

> and safeguards from, a government's authority to take someone's property

> for another's private use. The Judiciary Committee decided to look into

> some aspects of the issue at today's meeting.

>

> Citizens and government officials at the meeting had different opinions

> on whether a government's use of eminent domain is, in some cases, for

> public or private use.

>

> Norman Davis, president of the property rights group Take Back Kentucky, > said eminent domain is only supposed to be used for public benefit--e.g.  to provide sewer, water, road, etc. He questioned whether taking private property and selling it to Hyundai, for example, benefits the public.

>

> Davis said many governments today believe "If I can offer more to the

> public tax roll, then I can take your property."

>

> Kentucky League of Cities Director Neil Hackworth said government use of  eminent domain is often justified. The City of Shelbyville, for example,

> used eminent domain to redevelop a blighted residential area, he said.

> The city replaced the run-down housing with safe, affordable housing and

> then sold it back to the residents.

>

> "We think that was a public purpose," said Hackworth.

>

> Committee Chairman Rep. Gross Lindsay, D-Henderson, asked KLC General > Counsel Bill Thielen if the General Assembly should get involved in the issue. Thielen said the legislature may want to address situations where a government's threat of eminent domain of a property goes on for years without resolution, but most safeguards are already in place.

>

> Hackworth agreed. "I would say that it seems from the testimony I've

> heard today that the system does work," he said.

>

To view and download photos from today's Judiciary

> Committee meeting, go to the LRC News Photo Web Page at:

>

>                  http://www.lrc.state.ky.us/pubinfo/photo.htm.

> 

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