By Greg Stohr

Aug. 15 (Bloomberg) — Officials in Riviera Beach, Florida, needed to act fast. Governor Jeb Bush was poised to sign a bill to limit government seizures of private land, jeopardizing the town’s vision for a $2.4 billion waterfront redevelopment.

So city officials called an emergency meeting for May 10, the night before Bush’s planned signing. Looking to beat the clock, the City Council approved a contract with the project’s developer and promised to use the city’s power to take land for public use to secure the necessary property.

Click here for more

This editorial says a town “has truly become the national poster child for eminent domain abuse.”

Click here to read the editorial

by William F. Jasper
August 12, 2006

The Ohio Supreme Court delivered a unanimous and historic ruling on July 26 that is being heralded as a major victory for property rights and a stinging blow to last year’s infamous U.S. Supreme Court Kelo decision, which ruled that local governments can use eminent domain powers to condemn private property for commercial development.

The most immediate beneficiaries of the Ohio ruling are Carl and Joy Gamble of Norwood, Ohio, who faced losing their home of 35 years. They and their neighbors in a tidy Norwood neighborhood were to be evicted by Norwood officials in favor of a developer who had plans to replace their homes with a condominium-office-shopping complex; the court decision rejected Norwood’s “right” to do so.

By Steven Greenhut

The Orange County Register

(MCT)

As a rule, the freer the society, the more easily understood and straightforward its laws and constitution. The meaning of the First Amendment is pretty clear to most anyone, but it takes a decoder ring - or the judgment of an elite group of government regulators - to explain whether one is in violation of the USA Patriot Act or the Clean Water Act.

Simplicity is the friend of freedom, obfuscation its foe.

Since the conclusion of the 2006 legislative short session many members of the General Assembly have proudly touted their support for a bill that purports to protect our private property from eminent domain abuse. Unfortunately, many of these same legislators opposed the only form of protection that will truly stand the test of time: an amendment to the North Carolina Constitution. The legislation that was passed and signed into law — and of which many legislators are apparently quite proud — can easily be undone by a future legislature. We believe North Carolinians deserve more than this mere band-aid.

N.C. Property Rights Coalition Chairman Kieran Shanahan spoke to the Wake County Libertarian Party’s meeting on August 10. Kieran’s speech is mentioned on the LP’s blog.

Since the coalition’s launch, Shanahan has attended a number of events in an effort to educate North Carolinians on the very real dangers of eminent domain abuse. He has attended Republican and Libertarian events, as well as meetings of civic and other non-profit organizations.

The coalition also attempted to reserve a table at the N.C. Democratic Party’s convention in High Point, but was told there was no room at the inn.

This article provides an excellent picture of the dangers of eminent domain abuse:

Sound Transit insisted all the way to the Washington state Supreme Court that posting an agenda four clicks deep into a government Web page is adequate notice of an eminent domain action.

No phone call. No letter. No posting on the property. The law requires notice, but unnoticeable notice such as a Web posting was legally adequate, Sound Transit’s lawyers insisted.

And the court bought it.

Click here for more

From The News & Observer (8/14/06):

For the fifth time in 25 years, Garner; residents Jack and Carol Metts are seeking to rezone their residential home along N.C. 50.

Since 1969, the couple has operated a popular barber and beauty shop out of their house, cutting the hair of such dignitaries as former Gov. Jim Holshouser.

Click here for more

From The News & Observer (8/5/2006):

The owner of a gas station won a land dispute with the state Transportation Department this week when a jury awarded $995,000 — 66 times what the state was offering.

Attorneys for Holmes Oil Co., which owns an Exxon station at the corner of N.C. 55 and N.C. 54, argued that when the state Department of Transportation took more than 3,500 square feet for road work, the gas station would be virtually inaccessible to customers.

The eminent domain pendulum swung in favor of government about one year ago when the U.S. Supreme Court ruled that private property could be taken for purposes of economic development.

It shifted back to personal property rights in the Buckeye State after a recent Ohio Supreme Court decision rejected economic development as a sufficient reason for taking someone’s land.

Click here for more