State Attorney General and Eminent Domain

Yesterday the State Attorney General Robert McKenna introduced his bill to reduce the state’s power to execute eminent domain. Eminent domain, basically, means that the government can make the decision that the needs of the community are such that the government has the right to take property away from individuals to direct its use to serve community needs. The bills proposed (House Bill 2425 and Senate Bill 6200) mainly seek to clarify the rules by which the state can make these decisions.

A really interesting topic with many valid arguments on both sides. For the preeminent Supreme Court case involving the use of eminent domain, see here.

Advertisements

2 Responses to “State Attorney General and Eminent Domain”

  1. The government having the right to take property from someone seems completely unnecessary to me. You said both sides have valid arguments… what, in your opinion would be an example where it would be justifiable to take someone’s home or business?

  2. Josh Wittner Says:

    The current legislation that McKenna is trying to push through has the intent of clarifying the term “blight” in the current legislation. I think that if there’s a piece of property in a dense urban city that is completely dilapidated and abandoned by it’s owners, it seems clearly in the state’s and communities rights and interests to force the sale of the property to the city/state and use that property for the enhancement of the community. I think the further you go outside of urban situations the more the state begins to lose credibility for eminent domain arguments.

    I don’t think taking someone’s home or business can be justified, but maybe my friend John has some arguments. Right now I’m only fine with it for property that is a “blight” upon the community, with a strong definition of what exactly that means.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: