September 8, 2005

Bredesen AWOL as Other Governors Lead Fight To Curtail Eminent Domain

The Washington Post reports that Supreme Court's decision in Kelo v. City of New London "has sparked a furious reaction, with politicians of both parties proposing new legislation that would sharply limit the kind of seizure the court's decision validated."

But Tennessee Gov. Phil Bredesen has issued no public statements about Kelo and shown no interest in strengthening Tennessee property owners' protection against eminent domain in Tennessee.

Here's more from the WaPo's story today:

As a result, a decision first seen as a key legal victory for cities that want to use eminent domain for private projects has turned into a major setback on the political front for pro-development interests. The popular backlash has slowed or blocked many pending projects, as developers, their bankers and local governments suddenly face public furor.

Three states have already passed new laws in response to the Kelo decision. The statutes in Alabama and Texas sharply curtail eminent-domain condemnations for private development. "We don't like anybody messing with our dogs, our guns, our hunting rights or trying to take property from us," said state Sen. Jack Biddle, a sponsor of the Alabama law. Delaware's new statute permits condemnation but sets new procedural requirements for local governments.

Larry Morandi, an analyst at the National Conference of State Legislatures, predicts a rush of new laws next winter, when 44 state legislatures will be back in session.

"Most if not all state legislatures will be dealing with eminent-domain laws next year," Morandi said. "The outcry has been so sharp that many states already have task forces or study committees at work on this issue this summer. Most of the proposed legislation is designed to restrict the kind of governmental action that the court upheld in Kelo."

The Institute for Justice, a Washington-based libertarian think tank, said that hundreds of local governments around the country are also debating new ordinances to restrict the use of eminent domain. Many have passed laws this summer barring any seizure of private property for commercial development. Other cities are tightening the conditions that could authorize such seizure.

In Tennessee, some legislators are talking about passing laws next year to curb eminent domain, but - three months after the Kelo decision was handed down, a search of news databases and the governor's website shows that Gov. Bredesen still has not issued one public statement about the Kelo decision, his opinion of it, and whether or not he'll back efforts to reign in government's eminent domain powers.

Bredesen also has ignored a
letter from Citizens for Home Rule, a Knoxville organzation, asking him to clarify his position on Kelo and the proper use of eminent domain.