Saturday, November 19, 2005

Ohio Governor Bob Taft has signed limited eminent domain moratorium

It sounds like Ohio residents have a fighting chance to clamp down on eminent domain abuse, if only they can mobilize well enough during the next year. Here is a news release from Governor Bob Taft's office:

GOVERNOR SIGNS BILL

COLUMBUS (November 16, 2005) –
Governor Bob Taft today announced that he has signed the following bill, which will be filed with the Secretary of State’s office.

Amended Substitute Senate Bill 167, sponsored by State Senator Timothy Grendell (R-Chesterland), establishes, until December 31, 2006, a moratorium on the use of eminent domain to take, without the owner’s consent, private property when the primary purpose for the taking is economic development. The bill also creates the legislative task force to study eminent domain and its use and application in the state. The bill goes into effect immediately after it is signed by the Governor and filed with the Secretary of State.

I'd like to note that there is at least one huge loophole in this bill, from where I sit. From a press release from Tim Grendell's campaign site (he wants to be Ohio Attorney General) titled Grendell Bill Suspending Eminent Domain Becomes Law, it appears this only applies to so-called "non-blighted" properties. If I'm translating this correctly, if a city says it's fighting blight instead of merely pursuing economic develpment, it might be able to waltz right past all this, beauty being in the eye of the beholder...

People working on protective legislation in other states might want to fight for better bills than this one. That's not to say that this isn't a step in the right direction. It's just that various and sundry city officials across the country have proven themselves happy to use very broad definitions of "blight" in the past, and I'm not convinced that enough of them see any reason to change their attitudes now.

1 comment:

Bookworm said...

Eminent domain really is a little iceberg point revealing the problems inherent in believing government can and will solve everything.