I want eminent domain reform almost as much as I want the Dolphins to win the Super Bowl (that’s a lot). So when I tell you that the House’s eminent domain amendment (HB 1268) is a cure worse than the disease, you know it pains me to say that.
The amendment would protect against the rare instance when the government admits it is taking property for economic development.
However, that’s not how “economic development takings” happen. The biggest source of economic development takings (and eminent domain abuse in general) is through the abuse of blight laws. The government simply defines blight to mean virtually anything and that becomes the stated reason for taking property (even though its for economic development).
I have just written about the amendment here.
The proposed amendment would actually authorize the abuse of blight laws. This problem by itself outweighs any benefits the amendment provides.
I’m thrilled that there is bipartisan support for an eminent domain amendment, but House members (that care about property rights) need to correct the problems with the amendment before it moves forward.
