Posted on 07/08/2005 5:30:06 AM PDT by mwyounce
Sen. Jeff Chapman is not surprised that Senate Bill 86 has bobbed to the surface.
Sparking renewed interest in the legislation sponsored by the Brunswick Republican and Sen. Tommie Williams, R-Lyons, this past session was the U.S. Supreme Court ruling in June on an eminent domain issue in New London, Conn. The high court sided with the city, saying it is OK for the municipality to condemn and take residential property through the powers of eminent domain for private development for the sake of economic revitalization.
Chapman is disappointed in the ruling, but says it just may be the catalyst to get SB 86 through the Georgia General Assembly in 2006. It easily glided through the Senate this session, but hit a solid brick wall in the House Judiciary Committee.
The bill limits the use of eminent domain by government. Among other things, it would prohibit transferring condemned property to private developers, corporations or other private entities for the purpose of increasing tax revenue or developing the economy.
"The House leadership has pledged to get behind Senate Bill 86," Chapman said. "(House Majority Leader) Jerry Keen said we're going to deal with that legislation early in the legislature.
"It was important legislation. Now, it is essential."
Chapman is taking the House leaders at their word and is already notifying the Georgia Municipal Association, among the foes of the bill this past session, that the measure will return next year.
"They were the reason it failed," Chapman said. "They said it wasn't needed because there was nothing like what's going on in New London in Georgia."
GMA was wrong, Chapman said. A married couple in Stockbridge collided with the powers of eminent domain when trying to sell property in the Henry County city.
Chapman, who has been contacted by the couple, pointed that out in a letter to Jim Higdon, executive director of the municipal association. "I have recently received correspondence from a couple that owns property in the city of Stockbridge," Chapman wrote. "They had put together a deal to the sell the property that was worth nearly three-quarters of a million dollars. The city apparently decided it could profit by using the property differently.
"Stockbridge has threatened to take the property under its eminent domain authority, but has said it would be willing to pay just over $200,000 for the property."
Chapman feels so strongly about the legislation and about countering government abuse that he intends to hold a Senate committee meeting on eminent domain in Stockbridge.
Other members of the committee, which is chaired by Chapman, include Williams and Sens. Bill Heath, R-Bremen, David Shafer, R-Duluth, Kasim Reed, D-Atlanta, and Dan Weber, R-Dunwoody and Senate President Pro Tem Eric Johnson, R-Savannah, who created the committee. Chapman said he has been busy answering the phone since the court announced its decision. "I have just about every waking hour," he said. "Other states have called. Pennsylvania requested copies of (my) legislation, and other states that don't have eminent domain restrictions have asked for it." Johnson said the ruling has left Georgia legislators little choice. "(The) ruling by the Supreme Court undermines the rights of private property owners across the nation," Johnson said. "With such a broad interpretation of the U.S. Constitution, America's highest court has opened the door for the destruction of our neighborhoods and has set a horrifying precedent."
It's good to see the states working on offsetting the problems caused by the recent SC decision.
Maybe people will now begin to realize that judges are fallible human beings that shouldn't be entrusted with absolute interpretation of The Constitution.
This is essential in PA because we can't trust Fast Eddie and his cronies not to come up with these types of schemes.
Are our PA reps planning on a bill to counter the SC decision? I havent heard about one. I know they are getting pay raises though.
You are so right about the pay raise - if Fast Eddie signs it. Almost the same pay as CA Senators and Reps ! The folks in NY will be salivating next, I suppose.
As for the eminent domain issue, this is what I know:
http://www.freerepublic.com/focus/f-news/1429858/posts
An even better piece of legislation is House Resolution 87, which would codify restrictions against eminent domain abuse in the Georgia Constitution, making it more difficult for some court to overturn the law. Of course, the constitutional amendment would have to be approved by a vote of the people.
The best solution is to pass BOTH, so that the statute takes effect immediately, but eminent domain should ultimately be restricted in the state constitution, making it much more difficult for a court to overturn it or for a future legislature to remove the restrictions.
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