Wednesday, June 27, 2007

Ohio House Balks on Constitutional Amendment Banning Eminent Domain Seizures

From the Akron Beacon-Journal:
COLUMBUS, Ohio - The Ohio House on Wednesday voted against putting a proposed constitutional amendment on November's ballot that would have limited the ability of local governments to take private property, shrinking an already waning fall line-up.

The proposal was paired with a bill that would prevent local governments from taking property for the purpose of economic development.

The bill, which was passed by the House, would ban seizures for economic development and establish stricter requirements for defining blight - a prerequisite for governments to use their property appropriation power, called eminent domain. The Senate was expected to pass the measure later Wednesday.

The Senate had voted last month to put the amendment proposal on the ballot, arguing that it was needed to make sure cities have to abide by the same rules as other local governments.

The Ohio Constitution gives cities the authority to regulate public health and welfare. As such, without a constitutional amendment, the changes to state law found in the bill would not apply to cities, but to other local governments, amendment supporters said.

But the House balked at the proposed constitutional amendment, with Democrats arguing that it would overly restrain cities' efforts at urban redevelopment.
State Senator Kevin Coughlin:
(COLUMBUS, OH) -

“To say that I am disappointed in the House Democrats’ defeat of SJR 1 would be an understatement. This sends a message to Ohio’s voters that they are not serious about protecting private property rights in this state.

“To vote for SB 7 and then turn around and vote against SJR 1 is the difference between voting to protect property rights and merely looking like it. Throughout the life of SJR1 and SB 7 the House and Senate Democrats have called for the enactment of the recommendations made by the Eminent Domain Task Force. Hypocritically, the House and Senate Democrats have retreated from their support for those recommendations when it mattered most to the property owners of Ohio.

“Ohio voters are being denied the opportunity to choose how they think eminent domain should be used. Instead, we are leaving it up to government to decide when it is appropriate to take someone’s home or farm. This is flat out wrong.

“We have seen in cases throughout the country and even in our own state, a handful of overzealous local governments taking people’s property just to make a quick buck. While I think we can all agree that economic development is important to the growth of our local communities, this should not be done at the expense of someone’s property.”
Earlier in the day, a number of these same members voted to support Senate Bill 7, legislation that works in conjunction with SJR 1 to adopt rules governing the application of eminent domain statewide.