CONSTITUTIONAL AMENDMENT URGED TO CURB EMINENT DOMAIN.Byline: Harrison Sheppard Sacramento Bureau SACRAMENTO - Angered by a recent U.S. Supreme Court decision allowing government to seize seize v. To exhibit symptoms of seizure activity, usually with convulsions. property for private development, state Sen. Tom McClintock Thomas Miller "Tom" McClintock (born July 10, 1956 in White Plains, New York) is a California State Senator. He ran for Governor of California in the 2003 California recall election of Gray Davis and finished third out of 135 candidates with 13.5% of the overall vote. on Wednesday introduced a constitutional amendment that would prevent local governments from having that right. In Kelo vs. City of New London New London, city (1990 pop. 24,540), New London co., SE Conn., on the Thames River near its mouth on Long Island Sound; laid out 1646 by John Winthrop, inc. 1784. , Conn., the Supreme Court upheld government's right to eminent domain eminent domain, the right of a government to force the owner of private property sell it if it is needed for a public use. The right is based on the doctrine that a sovereign state has dominion over all lands and buildings within its borders, which has its origins in , even if the property seized was then going to be used for a private development, rather than a public use such as a highway or school. Under McClintock's proposal, the state government and some 6,000 local agencies would be able to use eminent domain only for a public project. ``It used to be if a widow didn't want to sell her home to a developer, she didn't have to,'' said McClintock, R-Thousand Oaks. ``That was the end of the matter, unless he sent in a bunch of thugs to beat her up. And government was there to protect her from the thugs. Under the Kelo decision, government has become the thugs.'' As a constitutional amendment, the proposal must be placed on a statewide ballot. McClintock said if the Legislature acts quickly, it could get the measure on the November special election ballot, but he said it is more likely it would go on a ballot in 2006. He is already exploring a signature-gathering campaign in case the Legislature is unwilling to place it on the ballot. Redevelopment agencies are planning to fight the effort. John Shirey, executive director of the California Redevelopment Association, said California already has laws carefully restricting the use of eminent domain. But sometimes redevelopment agencies need to seize property if it is particularly blighted blight n. 1. a. Any of numerous plant diseases resulting in sudden conspicuous wilting and dying of affected parts, especially young, growing tissues. b. , he said. ``His amendment eliminates the use of eminent domain for economic development purposes,'' Shirey said. ``What he does is sweep away Verb 1. sweep away - eliminate completely and without a trace; "The old values have been wiped out" wipe out destroy, destruct - do away with, cause the destruction or undoing of; "The fire destroyed the house" 2. all of the good things that are done with redevelopment, such as eliminating properties that have been contaminated contaminated, v 1. made radioactive by the addition of small quantities of radioactive material. 2. made contaminated by adding infective or radiographic materials. 3. an infective surface or object. by industrial polluters, and eliminating the ability to go after slumlords.'' Harrison Sheppard, (916)446-6723 harrison.sheppard(at)dailynews.com |
|
||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion