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State Representative Paul Thissen
100 Rev. Dr. Martin Luther King Jr. Blvd.
651-296-5375
For more information contact: Chris Shields 651-296-8873
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HOUSE DFLers LAUNCH PLAN TO PROTECT HOMEOWNERS
Plan would limit eminent domain authority for private property transfer
House DFL Leader Matt Entenza and State Representatives Nora Slawik and Paul Thissen unveiled a proposal to protect homeowners from having their property taken by the government and handed over to another private entity through use of eminent domain. A recent U.S. Supreme Court decision allows local governments to do just that unless state law prohibits it.
"The court decision tells state legislatures that it is time to take a close look at the power of
government to pick winners and losers through eminent domain. As a start, the rights of homeowners should be protected. Our plan will shield homeowners from this unfair practice." Entenza said.
Specifically, the plan will:
· Prohibit local governments from using eminent domain to transfer private residential property to another private entity
· Create an exception for cases in which a property has been determined to be blighted
· Requiring a formal process to determine blight
· Give courts authority to review eminent domain cases
· Lower the cost of dispute resolution
Slawik said homeowners shouldn't be penalized for maintaining their property.
"We want to create a new bargain for homeowners in Minnesota. If you do your part to keep your house or cabin in good repair, the government will not have the power to take your property merely to hand it over to another private property owner."
Thissen said he wants to make sure that in the case of eminent domain, homeowners are protected and the process is fair.
"The process should be transparent from start to finish. In many cases, homeowners can't afford an attorney to contest the process. No one should be deprived of their voice simply because the expense is too high."
The lawmakers plan to formally introduce their proposal during the 2006 legislative session.
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