Land: Eminent domain law works
The political debate over eminent domain laws in Mississippi reached fever pitch in 2009 as part of the national backlash against a U.S. Supreme Court ruling expandng governemnt authority to take private land. Yet, the fact remains that Mississippi’s current eminent domain laws have withstood the tests of time and trial
Since the high court ruled 5-4 in 2005 in Kelo vs. City of New London, Conn., that the city had the authority to take homes for a private development project, 42 states have enacted laws aimed at neutering eminent domain.
Since 2005, such legislation has died in conference committee. Yet this session, House Bill 803 – legislation that would prohibit the use of eminent domain laws for certain economic development purposes -passed the Legislature by overwhelming majorities.
Gov. Haley Barbour vetoed HB 803, saying it would hurt the state’s economic development efforts. He directed lawmakers to continue working on the matter during a special session this week, but lawmakers declined to take up Barbour’s proposed eminent domain reforms.
Barbour’s veto instantly drew criticism from the powerful state organizations – groups like the Mississippi Farm Bureau, the National Federation of Independent Business and the National Taxpayers Union. But most of the criticism against Barbour came from the so-called Institute for Justice, a group of libertarian lawyers who engage in litigation on eminent domain matters.
Clarion-Ledger
5/5/9
Magnolia Tribune
