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Lawmakers need to derail proposed 'takings' measure

Legislation harms effort to protect private property at real risk

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House members are to resume debate today on a bill that would hamstring local officials' ability to plan their communities by making it prohibitively expensive to do just that.

This legislation needs to be stopped.

Hanging this provision on a popular measure to stop governments from taking private property for private use is intellectually dishonest. Proponents of this idea lost to a much better, more well thought out approach three years ago. Bringing it up this way signals that they recognize the idea can't stand on its own.

The 2003 compromise sets out how a property owner can appeal a decision, including requiring mediation when requested. It also calls for educating appointed officials and employees on such subjects as land-use planning and zoning, transportation, parliamentary procedure and public hearing procedures. That education process is still under way.

In February, the Senate voted 37-0 to approve a constitutional amendment limiting property condemnation powers at issue in the U.S. Supreme Court case that prompted this year's legislation.

But the House version would require governments to pay landowners if their property values are affected by new laws or regulations, such as zoning.

Land use restrictions -- both private and public -- have served us well.

According to the Coastal Conservation League, which opposes the House bill, 200 eminent domain bills are being debated around the country. South Carolina's "is the only one that has takings involved," said Christie McGregor, the group's legislative director.

House members risk accomplishing what their real goal ought to be: protecting private property from being turned over for private use.

Lowcountry House members need to do all they can to defeat this part of the eminent domain bill. They need to stand up and be counted against it.

Local governments' do not need any more hurdles to effective planning. Inadequately managed growth is already costing us enough.