Real Estate & Property Law

Challenges to Legislative Change

By Alan Ackerman

Delaware Online

Members of the House and Senate have said a new eminent domain law is a priority. Last week, in an attempt to get the nod from Minner, both removed the state Department of Transportation, which condemns land for road construction, from the legislation.

Although the bill came partly as a response to the riverfront squabble, it also was a reaction to the 2005 U.S. Supreme Court decision in the Connecticut case of Kelo v. City of New London. In that case, the nation's highest court ruled that the taking of private property as part of a comprehensive redevelopment plan was a permissible use of eminent domain because the public at large benefits from the redevelopment.

Kelo caused a backlash, and more than 40 states subsequently passed laws to rein in the use of condemnation powers for redevelopment efforts.

-This is another example of how difficult it is to legislate change in the condemnation power.  In all likelihood, the legislature in most jurisdictions can override a gubernatorial veto. But it takes a whole lot of stomach and a supermajority in most states to override.

This is but an example of why so many seeking to limit the overwhelming power of eminent domain go to the referenda process for relief

Full post as published by National Eminent Domain Blog on July 01, 2008 (boomark / email).