Posted on Wed, Aug. 03, 2005


Sanford recommends revising property laws
Leaders say owners need protection after court ruling

Associated Press

Gov. Mark Sanford and legislative leaders pledged Tuesday to tighten South Carolina's laws to protect private property owners facing the seizure of their land by local governments.

The group's quest is a response to last month's 5-4 decision by the U.S. Supreme Court saying a Connecticut city may bulldoze people's homes to make way for shopping malls or other private development. The ruling gave local governments broad power to seize private property to generate tax revenue.

"Protecting property that folks have invested money, work and time into over the course of many years is key to allowing families to create wealth and key to the notion of quality of life," Sanford said.

Since the Kelo v. New London decision, at least 21 other states have begun work on strengthening their eminent domain statutes, Sanford said.

"The Kelo decision means that we have to take a new look at and shore up existing laws rather than be forced to react later on down the road," Sanford said.

Sanford suggested limiting which governmental authorities can use eminent domain, better defining the term "public use," and tightening the definition of what constitutes a "blighted area."

House Speaker Bobby Harrell, R-Charleston, and House Judiciary Chairman Jim Harrison, R-Columbia, were on hand to support the issue along with Senate President Pro Tem Glenn McConnell, R-Charleston and Senate Majority Leader Harvey Peeler, R-Gaffney.

"We don't want a controversy to arise on such an important issue -- we will be taking a broad look at this," Harrison said.





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