Commentary; Posted: 2/1/06
Standing up for homes, farms, small businesses
Rep. Jeff Johnson
Guest Columnist
As the leader of the eminent domain reform effort in the Minnesota House which Don Heinzman criticized in his recent editorial (ěEminent domain proving to be a major issue affecting Minnesota cities,î Jan. 17), I thought it important to respond.
As I have heard from so many other opponents of eminent domain reform, Mr. Heinzman describes eminent domain as an almost harmless ěeconomic tool,î downplays its abuse, and cautions against a ěrush to change this power.î
It mirrors the arguments most other opponents are using to criticize the bipartisan eminent domain reform bill that Sen. Tom Bakk (DFL-Cook) and I will introduce in the upcoming legislative session. But the power to bulldoze neighborhoods by a vote of the city council is neither a creature of economics nor a mere ětoolî of governance.
Eminent domain is the governmental power to seize private property, including homes, farms, and businesses, for a public use. Opponents of eminent domain reform never seem to acknowledge this ěpublic useî restriction. Instead, they typically refer to what Mr. Heinzman calls the ěright of a city to use the power of eminent domain for public purposes.î
Those who share Mr. Heinzmanís point-of-view prefer the words ěpublic purposesî over the constitutionally provided ěpublic useî because they want to avoid the common sense question: How does seizing private property to build private ěcondos and new shopsî involve a ěpublic useî? And by declaring the ěright of a city to use eminent domain for public purposes,î they attempt to concoct the appearance of a clash of rights, when the only real right in question is freedom from the abuse of an awesome governmental power. Those of us in government need to consistently remind ourselves, government does not have rights. Citizens have rights, government has power.
And it is not convincing to downplay the reality of eminent domain abuse in Minnesota by citing to the internal polling by the Minnesota League of Cities which suggests only 5 percent of cities have used the power of eminent domain for economic development in the past several years. These statistics may or may not be technically accurate, but they do not take into account the number of times cities have threatened property owners with eminent domain to get them to ěvoluntarilyî sell their property.
In a recent Star Tribune editorial the former mayor of St. Louis Park said about a recently completed development, ěwe didnít condemn the property, but everyone knew we had the big stick.î
Cities are using the ěbig stickî approach far more often than their statistics suggest.
In fact, bulldozing homes and small businesses to make way for trendy condos, hotels and big box retailers is ěbusiness-as-usualî for urban planners in Minnesota. Thatís why genuine statewide reform is needed.
The proposed Bakk-Johnson reform legislation meets that need. It would permit cities to take private property for actual public uses (like roads, schools, parks or government buildings) or to mitigate genuine threats to public health and safety, such as environmentally contaminated areas or public nuisances.
The proposed bipartisan reforms will also lift governmentís fingers from the scales of justice. The burden of proof will no longer rest with the victim. Instead, government will have the burden of clearly and convincingly proving the legitimacy of any taking. Businesses will be fully compensated if they cannot survive in a new location. And Minnesotans victimized by illegal takings or low-ball offers of compensation will be made whole by having the right to recover legal expenses when they prevail in court.
Under the proposed legislation, the power of government will be used to protect - rather than violate - the rights of the homeowner, farmer, small business owner or church-goer.
If enacted into law, eminent domain will be used for the public - not the private - good.
In short, the drive for eminent domain reform upholds basic American principles shared by Minnesotans from across the political spectrum.
It should come as no surprise that the bipartisan coalition known as Minnesotans for Eminent Domain Reform (www.mnedr.com) is supporting our bill. The coalition proudly includes the Institute for Justice, Minnesota Automobile Dealers Association, Minnesota Farm Bureau, NAACP, Minnesota Teamsters DRIVE, Minneapolis Urban League, Minnesota Petroleum Marketers Association, National Federation of Independent Business, Castle Coalition, Alliance of Automotive Service Providers, Minnesota Hmong Chamber of Commerce, Hispanic Chamber of Commerce of Minnesota, Minnesota Family Council, Minnesota Farmers Union, Minnesota Trucking Association, Outdoor Advertising Association of Minnesota, Hospitality Minnesota, MN Association of Wheat Growers, MN State Cattlemenís Association, and the St. Paul Black Interdenominational Ministerial Alliance.
We welcome Mr. Heinzman to read our bill and join us.
Jeff Johnson (R-Plymouth) is the Chair of the Civil Law and Elections Committee of the House
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