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Ohio Senate approves bill to ban eminent
domain
(Note: Call me cynical, but this Band-Aid approach conveniently stops
eminent domain until ... can you guess? ... AFTER the next political
election! After they are voted back into office and firmly ensconced,
off goes the moratorium and the specter of eminent domain is
again invited to raise its greedy, reminiscent-of-Medusa heads.)
October 6, 2005
By Andrew Welsh-Huggins
Associated Press
Published, among others, by the Cleveland Plain Dealer (Ohio)
To submit a Letter to the Editor: letters@plaind.com
Columbus, Ohio - The Senate unanimously approved a bill Wednesday
designed to prohibit state and local governments from taking property
for use by private developers until 2007.
The legislation, approved 29-0, follows last summer's 5-4 ruling by
the U.S. Supreme Court that said such eminent domain seizures were
constitutionally protected but also noted that states could enact
their own, tougher laws.
Lawmakers' approval of the measure comes as the Ohio Supreme Court
considers a similar issue involving a suburban Cincinnati city's
takeover of a neighborhood it said was deteriorating.
The measure is a reasonable response to the U.S. Supreme Court's
decision because it creates a committee to study the issues presented
by the court's ruling, said bill sponsor Sen. Tim Grendell.
"We have to find ways to promote economic development that
doesn't sacrifice private property rights that have been the
mainstay of this country since its inception," he said Wednesday.
Texas passed a law in August banning such seizures and several states
are considering similar bans.
Grendell, a Republican from Northeast Ohio known for his attempts to
limit government, said those bills are knee-jerk reactions that could
create unintended consequences later.
A lawyer representing the developer trying to build shops and offices
in Norwood in suburban Cincinnati said eminent domain can be an
important tool for cities faced with declining revenue.
The Ohio bill "is the first time
economic development has been denigrated," said
attorney Richard Tranter.
The bill goes now to the House, where Speaker Jon Husted says the
chamber will approve some sort of eminent domain legislation by year's
end.
A related resolution in the Senate proposed by Sen. Kevin Coughlin
calls for amending the state constitution to eliminate the option of
eminent domain.
Businesses and local governments have testified in support of the
moratorium, while voicing some concerns about limiting the use of
property seizure for economic development, especially in cities where
options for expansion are limited.
"Commercial industry is the bread and butter of a community in
Ohio," Kimberly Gibson, a representative of a coalition of older
Ohio suburbs, told the Senate Local Government Committee on Tuesday.
"Without it, communities stagnate, wealth moves out and social
problems accelerate."
Copyright 2005, The Plain Dealer.
Related reading:
Ohio
Senate approves bill to ban eminent domain
Cleveland Plain Dealer - -- The Senate unanimously approved a bill Wednesday designed to prohibit state and local governments from taking property for use by private developers until 2007. The legislation, approved 29-0, follows last ... Public hearing on eminent domain Bill tackles eminent domain issue |