Eminent domain limit in place

By The Helena IR - 05/22/07

We commend sponsor Sen. Christine Kaufmann, a Democrat, and strong supporter Sen. Dave Lewis, a Republican, for their work on a bill that should ensure that at least one sort of stealthy anti-government measure won’t make the ballot again.

Kaufmann’s bill, signed into law by the governor last week, places a strict limit on the use of the power of eminent domain in Montana. It denies local governments the ability to use that power to force the sale of a piece of private property just so the land can be turned over to another use that will generate more tax money.

That sort of thing stirred up a real fuss in 2005 when the city of New London, Conn., wanted to force a woman out of her home so the property could become part of the site of a big new pharmaceutical factory.

Kaufmann and Lewis, who showed up at the bill signing Thursday, said the bill banning such actions may not have been needed because legal precedent and the state constitution likely already do so. But Lewis said the bill makes the ban “absolutely clear.”

He also pointed out that the Connecticut case was used last year to promote a ballot measure — Initiative 154 — that purported to be about addressing eminent domain but actually was a “takings” measure designed to cripple governments’ ability to conduct any sort of land-use regulation.

Now, at least, we shouldn’t have to worry about this specific way to bamboozle the public.


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Reader Comments:

Mandi2443 wrote on May 22, 2007 12:46 PM:

" Deer Problem: Granted we did move into their homes. But last time I checked there are hundreds of thousands of acres of forest for deer to go to. They choose to stay in town because people that are against hunting choose to feed them. Bet all those people that don't want the deer to be shot will be changing their tune when a mountain lion that hunts the deer come into town and attacks a little kid. There is nothing wrong with killing the deer and giving the meet to either the fish and game animal shelter or even to a food bank. Deer aren't even close to being on the endangered species list. So just deal with it! "


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