La Salle County group plans ‘summit on eminent domain’

 
 
July 26, 2005
 
 
By Kevin Caufield countyreporter@newstrib.com
 
NewsTribuneOnline
 
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LaSalle, Illinois 61301
 
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An area property rights advocacy group has scheduled a summit to inform residents on a recent U.S. Supreme Court ruling that allows government bodies to take privately owned land and give it to other private entities.

The La Salle County Landowners Association will sponsor a “summit on eminent domain” at 7 p.m. Thursday at Pitstick Pavilion, 3401 N. Route 23, Ottawa, Illinois.

Eminent domain is the right of government entities to take private real estate for public use, with or without the permission of the owner, for the completion of a public project such as a road. In any eminent domain case, the owner of the property must be properly compensated for the property in question.

However, Landowners Association members say they are concerned the recent U.S. Supreme Court ruling in Kelo v. City of New London is harmful for private property rights in Illinois. The ruling stemming from that Connecticut case gives states authority to legalize “the taking of private property from one private owner, and transferring to another private owner,” according to the Landowners Association announcement.

“We're afraid the eminent domain powers are spread too broadly,” said vocal Landowners Association member Ralph Coyle. “We'd like to tighten up the law to protect property rights in Illinois.”

Coyle said although the association believes the Kelo ruling is unconstitutional, they have found that state legislators may be able to secure a government entity’s power to use eminent domain through state law.

“The justices did say they wouldn't argue with legislators in the state,” Coyle said. “That gives us an opportunity to tighten up our laws here, although the justices did take a constitutional right, something that is supposed to be protected by the federal government, and throw it on the states.”

State Rep. Frank Mautino (D-Spring Valley), state Rep. Patricia Lindner (R-Aurora), state Sen. Chris Lauzen (R-Aurora) have confirmed they will attend and speak at the event.

The evening will consist of an overview of the Kelo case, a short discussion on current case law, existing Illinois state statutes and how they might affect the people of La Salle County. The floor will then be opened to the public for questions and answers, statements and suggestions.

Association members say they hope to answer questions for the public, provide an opportunity for the public to work together with their legislators in a bipartisan effort to help lay the groundwork for just, equitable, commonsense laws that protect private-property rights and allow government reasonable and proper authority under the powers of eminent domain for “public use.”
 
 
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