LAWNSIDE, N.J. — The U.S. Supreme Court ruling that local governments could seize private property and hand it over to developers has set off a landslide of legislation in statehouses around the country.
Since the court expanded the definition of eminent domain in June in Kelo vs. City of New London, lawmakers in 47 states have introduced more than 325 measures to protect private property.
For The Record
Los Angeles Times Thursday April 20, 2006 Home Edition Main News Part A Page 2 National Desk 1 inches; 48 words Type of Material: Correction
Eminent domain: An article in Sunday's Section A about eminent-domain laws and proposals nationwide said Ohio had passed legislation that barred the taking of private property to increase tax revenue or promote private development. That ban was imposed in the form of a moratorium to expire Dec. 31.
As many Democrats as Republicans have written these bills and constitutional amendments, sometimes moved by their own situations, such as fear that their aging parents' homes might be targeted.
"I have never seen a response to a Supreme Court decision this dramatic," said Larry Morandi, a land-use specialist for the National Conference of State Legislatures. "It is a gut issue, not a partisan issue at all. Whether you are a Massachusetts Democrat or a Republican in South Dakota, you are concerned about your home."
The legislative measures vary widely, but, Morandi said, all reflect the fact that Kelo stoked lawmakers' concerns about safeguarding constituents' property.
Like hundreds of lawmakers across the country, New Jersey state Sen. Diane Allen crafted a bill to protect owners of homes and small businesses.
The Republican lawmaker proposed a two-year moratorium on the use of eminent domain -- the practice that allows governments to seize private property for public use.
Her plan followed a flurry of proposals -- at least 25 major projects in her state -- to raze modest homes in fine condition for grander housing and retail ventures that came on Kelo's coattails.
Allen said Kelo opened the door for towns and developers to rob the character of communities such as Lawnside, a middle-class African American enclave that took root as a stop on the Underground Railroad. Four proposals to build expensive homes and shops are under consideration in Lawnside, imperiling as many as 20 well-kept homes.
"I'm not against redevelopment, and I'm not against building lovely town houses," Allen said. "The question is: Where is it going to happen, and who is going to suffer because of it?"
Governments have invoked the right to seize private property for public use since the Roman Empire. But the right has traditionally been used to take land for the building of bridges, dams, highways and other projects that are inarguably for public use.
