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State Representative Patti Fritz
100 Rev. Dr. Martin Luther King Jr. Blvd.
651-296-8237
For more information contact: Sandy Connolly 651-296-8877
NEWS COLUMN
REASONABLE BALANCE NEEDED ON ISSUE OF EMINENT DOMAIN
One of the hot issues we are facing during this legislative session is eminent domain. Although the power of eminent domain has long been used by local governments as a tool for economic development, a recent U.S. Supreme Court decision has created new concerns nationwide. These concerns are prompting state governments to consider re-defining when the use of eminent domain should be allowed.
To begin with, governments most commonly use the power of eminent domain when they need to acquire property that is necessary for a public use, such as a road or highway. In other cases, it is used to acquire areas of a town that have become run down, or blighted. The power of eminent domain allows for the purchase of the property without the consent of the owner, but as stated in the Fifth Amendment to the Constitution, just compensation, or fair market value, must be paid to the property owner.
Over the years the definition of "public use" has expanded to include economic development plans which use eminent domain seizures for commercial development that improves the community. Recently, the Supreme Court ruled that local governments are allowed to take private property and hand it over to another private party, unless prohibited by state law. Critics contend this changes the intent of eminent domain law and damages personal property rights. Supporters argue that it is necessary for the improvement of communities and must be protected. This has led many states, Minnesota included, to introduce their own legislation that more clearly defines how they want the power of eminent domain used in their state.
The initial proposal that was introduced at the Minnesota State Legislature includes some components I would like to see considered. First of all, it asks for a formal process to define blight, making it much less subjective and arbitrary. The legislation would also prohibit local governments from using eminent domain to transfer private residential property to another private entity, and would lower the cost of dispute resolution for the parties involved. The bill also includes compensation for loss of going concern, which would help out those businesses that are forced to move and then suffer a decline in business because of their new location.
As with most policy issues, at times the pendulum tends to swing too far one way and needs to be brought back to a reasonable middle ground. I believe that this session we will pass legislation on eminent domain, and I am hopeful that it will strike a balance between the rights of private property owners and the need for local governments to improve and develop their cities.
Please feel free to contact me with advice or questions. You can call me at 1-800-292-0012, write to me at 239 State Office Building, St. Paul, MN 55155 or email me at rep.patti.fritz@house.mn.
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