Carnal Reason

Last night, the Michigan legislature became the first state legislature to pass a proposed constitutional amendment in response to the U.S. Supreme Court decision in Kelo v. City of New London and the widespread abuse of eminent domain throughout the state. The Michigan House and Senate approved resolution SJR-E, which will place a constitutional amendment on the ballot to provide greater protections to home and small business owners from eminent domain abuse. The amendment is expected to be voted on by Michigan citizens in November 2006. The resolution passed the House by a vote of 106-0 and the Senate by 31-6.

The amendment prohibits “the taking of private property for transfer to a private entity for the purpose of economic development or enhancement of tax revenues.” Moreover, the amendment changes so-called “blight” law within the state. While the amendment does allow for the taking of blighted parcels of property, the burden would now be on the government to demonstrate that a particular piece of property is blighted by clear and convincing evidence. In contrast, under current Michigan law, it is unclear whether whole areas rather than individual pieces of property can be declared blighted, but it is clear the burden is on the property owners to show that the takings are illegitimate.
Institute for Justice

Every state in the union should pass this amendment. Every politician who is not a thief at heart should back this cause. Unless his party objects, of course. Can you guess which party I’m thinking of?

Posted on December 15th, 2005 by pwyll
Filed under: politics