Caucus Press Release: House Protects Private Property from Eminent Domain
Mar 15, 2006
FOR IMMEDIATE RELEASE
House Protects Private Property
From Eminent Domain
COLUMBIA, S.C. -- South Carolina property owners received critical protection Wednesday when the House of Representatives approved two bills that will protect private property from the powers of eminent domain. The vote fulfills the third of the six items on the House Republican Caucus agenda.
"The right to own private property is fundamental to our democracy," said Majority Leader Jim Merrill of Daniel Island. "Today's vote is another victory for people who want to restrict the increasing power of government."
The first bill, a constitutional amendment that generally prohibits taking private land and giving it to another private owner, was approved 115-1. The second bill restricts eminent domain in several ways, including limiting the use of eminent for clearing blighted areas and strictly defining what is a "public use" for property. That bill passed by a vote of 105-8. The constitutional amendment also requires government to compensate property owners if land use laws or zoning reduce the value of property.
House Republicans realized action must be taken after last summer's U.S. Supreme Court decision in Kelo v. New London, Conn. That case involved property taken by the city of New London, Conn., given it to a private developer, and interpreted as a "public purpose."
"House Republicans, and people across the nation, were offended by the Kelo decision," said Rep. Tracy Edge of Myrtle Beach, the bills' primary sponsor. "If a deed to property is to mean anything in this state, we had to define eminent domain in the strictest terms."
Speaker of the House Bobby Harrell said: "Today the House took steps to ensure our citizens' property rights will be protected. It is downright un-American for government to unjustly take people's private property from them. This legislation makes it very clear that the government's power to take private property is severely restricted."
"The recent ruling of the U.S. Supreme Court in the Kelo case shocked many legislators here in South Carolina. I am happy to see the House move to protect property owners and their rights; we can't leave it up to the courts to protect us," said Chairman Jim Harrison.
After a routine third reading tomorrow, both bills will go to the Senate. The constitutional amendment will need the approval of voters in November.
For More Information:
Majority Leader Jim Merrill
(803) 734-3138
Rep. Tracy Edge
(803) 734-3013
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