The bill would prohibit the state or local governments from take landowners' property unless it is for a “qualified public use,” a term more strict than current law.
The proposed law is a response to a June ruling by the U-S, Supreme Court allowing local governments to seize private property and then transfer it to another private owner.
The case allowed the city of New London, Conn., to take 90 acres of private land and turn it over to private developers for office buildings and upscale housing. The city justified this seizure as “benefiting the public” because the new development would produce more taxes revenue than the current landowners.
“The ruling made a mockery of property rights,” said Nelson “... and I want to make sure what happened in Connecticut doesn't happen here in Kentucky.”
If Nelson's bill is passed, Kentucky would join the swelling ranks of states who have passed their own measures to prevent the violation of what was formerly considered a Constitutional right to private property.
The right of government to take private property for public use in return for a fair price, called “eminent domain,” is outlined in the Constitution, but has traditionally been reserved for such public needs such as roads, utilities and other uses that benefit the entire community.
The bill has been written to protect property owners as much as possible, Nelson said.
Leasing land to private owners after seizing the land will also be forbidden. “We've done our best to make sure no court will allow the government to take your land unless it's for a truly public use,” Nelson said.
“Shopping malls, sports stadiums, office parks - those are not public uses, because they benefit tile new owners, and no one in Kentucky should lose their home because someone else wants the land.”
The proposed law, current titled Bill Request 253, will be given formally given a bill number and assigned to a committee when the General Assembly convenes in January.
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