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Eminent domain limit in place

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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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