Cliff Buchan
News Editor

Area governments that hope for some moderation on proposed changes in rules for use of eminent domain may find little support from three area legislators.

A hard line on the use of government authority to take private property as now allowed in some instances was expressed by Sen. Sean Nienow, Rep. Pete Nelson and Rep. Ray Vandeveer during a Forest Lake Chamber of Commerce breakfast on March 10.

The three Republican lawmakers who serve Chisago, Washington and Anoka counties said they favor only a narrow scope of use of eminent domain. The hard line follows a federal court ruling last year that broadly opened a governmentís ability to seize private property as part of a secondary development.

Forest Lake Mayor Terry Smith laid out a scenario on Friday that clearly defined where the three lawmakers were standing on the use of eminent domain.

Smith asked if the proposed new rules would handcuff a city council in some cases. Smith wondered what may happen if a private developer acquires eight of nine needed land parcels by purchase but canít secure the final parcel.

ìIt would kill the whole project,î Smith said, pointing to the inability of a city to use eminent domain to assist the developer.

But the lawmakers agreed eminent domain should not be allowed for economic development where public good and public benefits canít be demonstrated.

And that benefit ruling should not be attached to a simple improvement in tax base, they said. The major use of eminent domain should be limited to improving blighted areas, the three agreed.

ìI want to let cities grow,î Nienow said, but adding that he would prefer to err on the side of personal property rights.

Rep. Jeff Johnson, a leading advocate for change in eminent domain rules, was a guest of Rep. Nelson last week and said current proposals would not allow scenarios such as the one offered by Smith.

ìAn owner should not be forced to sell,î Johnson said.

Budget issue

The three local legislators expressed optimism over a proposed $400 million budget surplus, but said the fate of a legal ruling on the cigarette impact fee imposed by the legislature last year must be watched.

If the court rules the impact fee is invalid, the budget will be tighter.

Nienow and Vandeveer both differ with Gov. Pawlenty on the impact fee which they see as a tax.

ìYes, I call it a tax,î the District 17 senator from Cambridge said.

Vandeveer said a court ruling that upholds the fee as a tax will provide a sense of justice to those who opposed the plan.

ìIt should have been in the tax bill,î Vandeveer said.

Sen. Michele Bachmann of Stillwater, who is recovering from surgery, was not able to attend the March 10 forum, according to Debby Feist, Chamber president who was master of ceremonies for the breakfast event at Famous Daveís in Forest Lake.

The legislative breakfast is an annual function of the Chamber and an opportunity for area residents to meet their state and federal reprsentatives where questions can be asked.

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