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State Representative Jeanne Poppe
100 Rev. Dr. Martin Luther King Jr. Blvd.
651-296-4193
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, Kelo v. New London, 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 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 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 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.
Over the past few months, the Local Government Committee, on which I serve, had several hearings in St. Paul and in other communities addressing the issues of eminent domain. Compelling testimony was heard on both sides of the issue, and made it clear that reform is needed. House File 2846 is working its way through the committee process with much deliberation.
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 this session we will pass legislation on eminent domain, and I am hopeful it will strike a balance between the rights of private property owners and the need for local governments to improve and develop their cities.
On another matter, a bill I introduced, House File 2977, was heard Thursday in the Jobs and Economic Opportunity Policy and Finance Committee, chaired by Rep. Bob Gunther from Fairmont. This bill improves licensing procedures for family childcare homes such as Catherwood Home in Austin. Kathy Stutzman, the financial director of the Parenting Resource Center in Austin, joined me at the committee presentation. Kathy's testimony provided great detail regarding the current restrictions and clearly defined how this bill addresses licensing improvements. Jerry Kerber, Director of Licensing Division, Minnesota Department of Human Services, testified how this bill provides clarification and coordination. The testimony answered the committee member's questions and allowed the bill to pass to the House floor. It will be kept on the General Register of the House agenda to be heard sometime in the future.
Please continue to contact me with your suggestions and feedback. I can be reached by phone at 1-888-682-3180 or 1-651-296-4193, by mail at 231 State Office Building, 100 Martin Luther King Blvd., St. Paul, MN 55155 or via e-mail at the above address. If you are interested in receiving my weekly session e-newsletter, please email me at rep.jeanne.poppe@house.mn and your name will be added to our list. If you would like to stay more closely in touch with what is happening at the legislature, visit my website at http://www.house.mn/27B or the House of Representatives website at www.house.mn.
News Items
- POPPE SELECTED AS AGRICULTURE POLICY COMMITTEE CHAIR - (Posted: 2012-11-16 00:00:00)
- Rep. Jeanne Poppe Encourages High School Juniors to Apply for Minnesota House of Representatives Page Program - Application Deadline is November 19th - (Posted: 2012-11-12 00:00:00)
- HORMEL INSTITUTE EXPANSION SIGNED INTO LAW - 2012 legislative session adjourns sine die - (Posted: 2012-05-11 00:00:00)
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