States Fighting Back Against Court Decision

The eminent domain decision by the Supremes has set off a wave of new State laws and amendments to State constitutions to prevent municipalities from taking homes make way for commercial enterprises:

Alarmed by the prospect of local governments seizing homes and turning the property over to developers, lawmakers in at least half the states are rushing to blunt last month's U.S. Supreme Court ruling expanding the power of eminent domain.

In Texas and California, legislators have proposed constitutional amendments to bar government from taking private property for economic development. Politicians in Alabama, South Dakota and Virginia likewise hope to curtail government's ability to condemn land.

Even in states like Illinois — one of at least eight that already forbid eminent domain for economic development unless the purpose is to eliminate blight — lawmakers are proposing to make it even tougher to use the procedure.

"People I've never heard from before came out of the woodwork and were just so agitated," said Illinois state Sen. Susan Garrett, a Democrat. "People feel that it's a threat to their personal property, and that has hit a chord."

The Institute for Justice, which represented homeowners in the Connecticut case that was decided by the Supreme Court, said at least 25 states are considering changes to eminent domain laws.

Apparently the public outcry against the New London decision has spurred lawmakers into action rather than face the wrath of the voters. Chances are this will stop most future abuses, and if any occur, you can bet those folks will get off the dime and get something passed in their states as well.