|
Op-ed: Providing Protection
Against Government Land Grabs
By Senator Jeffrey E. Piccola
(R-15)
Senate Majority Whip
Around this time of year, we
see a lot of scary sights -- ghosts and goblins and witches. But there is
something scarier out there right now that we all should be concerned about:
eminent domain abuse. Eminent domain is the power of government to take private
property for governmental use. In recent years, that power has been expanded to
the detriment of property owners.
Homeowners deserve to have
their property rights protected, especially from government takeover for
economic development purposes. Although it's important to promote economic
development, we cannot support such revitalization when it comes at the expense
of property owners and violates their rights. That's why I unveiled “The
Property Rights Protection Act,” also known as Senate Bill 881, to ensure our
government only takes the private property of citizens when absolutely necessary
and only for a truly public purpose.
This legislation is in
reaction to the United States Supreme Court decision, Kelo v. City of New
London, which ruled that governments can seize property to make room for private
development projects that promise to boost the local economy. The Supreme
Court's decision significantly weakened property owners' rights.
Since this decision, the
Kelo case has sparked outrage among many because it has drastically broadened
what the courts consider a public use with regard to eminent domain cases. My
legislation will help to restore the traditional balance of eminent domain by:
prohibiting its use for private businesses and reforming and tightening the
definition of “blight” to avoid “blight” becoming a loophole in eminent domain.
In addition to the
legislation's 26 cosponsors, the Property Rights Protection Act has also gained
the overwhelming support of several key interest groups such as the Pennsylvania
Family Institute and the Pennsylvania Farm Bureau. The legislation even has the
support from the townships and boroughs. Also among those advocating is the
Institute for Justice, the organization who represented Ms. Kelo before the
Supreme Court.
According to the Institute
for Justice: “This bill is one of the best introduced in the entire country. It
truly protects Pennsylvania home and business owners from the abuse of eminent
domain from losing their homes or businesses for private commercial
development. But at the same time, it preserves cities' abilities to deal with
severely troubled neighborhoods. It strikes a balance.”
Currently, states such as
Florida, Maine, South Carolina, and Washington forbid the use of eminent domain
for economic development unless it is specifically to eliminate blight. Many
states are considering legislation to protect property owners. It's time for
Pennsylvania to join these states in enacting laws that provide more protection
to homeowners and job providers.
On October 25th, a public
hearing will be conducted on this legislation followed by the bill's
consideration before the full Senate. With the help of the people of our
Commonwealth and the votes of the lawmakers they have elected to serve, we can
protect the cherished values of Pennsylvanians.
|
