Jefferson Review

	Jefferson Review
	"Your Liberty is Our Interest"	March 20, 2006
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Eminent domain restrictions pass Kentucky Senate

FRANKFORT — State agencies and local governments would be prohibited from taking private land and then transferring it to other private owners under a bill approved unanimously in the Senate.

House Bill 508, sponsored by Rep. Rob Wilkey, D-Scottsville, would restrict the right of eminent domain to specified public purposes, including roads, public utilities and to clean up blighted areas.

"Virtually every state in the nation is reviewing its eminent domain laws," said Sen. Ernie Harris, R-Crestwood, as a result of the last year's U.S. Supreme Court decision in Kelo v. New London. The court ruled that the Connecticut city could seize private, unblighted property and then turn it over to a private developer, on the theory that the higher tax revenue amounted to "public use."

A legislative review of Kentucky's laws on the subject concluded that state courts have ruled against such takings. "Essentially, this bill codifies case law," Harris said.

Further study is forthcoming, Harris said, because of concerns that local governments could allow certain areas to fall into disrepair simply so they could then seize it.

"This is just the first step," he said.

The bill now returns to the House for its concurrence in changes made by the Senate.