Add more limits to
who can condemn property, not why
ALL THE ATTENTION that the recent Supreme Court ruling has
focused on the once-obscure topic of eminent domain could lead to
improvements in state law — if politicians will look honestly at the
ruling and the law and not get carried away in the populist
uproar.
Frankly, we see little in Kelo v. New London to cause fear. While
it may have made officials more aware of it, the ruling did not
grant government any power that the U.S. Constitution had been seen
as denying. And South Carolina already limits when government can
force property owners to sell their land.
Still, lawmakers have always been far too promiscuous in handing
out condemnation authority. They would do well to rescind that
authority from all but elected bodies and state agencies that are
accountable to the public. That means no power for colleges or for
state agencies that are run by legislatively selected boards. That
presents a problem with the Transportation Department, which clearly
needs to condemn land; but it provides yet another reason to replace
the Transportation Commission with a Cabinet secretary.
Nor should special-purpose districts, which shouldn’t even exist,
have the power to condemn. As long as they do exist, they, like
colleges, should make their cases for condemnation to their county
or city governments.
Lawmakers also should address a bizarre set of provisions in the
state constitution that gives seven counties the power to condemn
“slum or blighted” land and turn it over to private developers; such
power should be available to all counties or to none.
Still, we worry that the General Assembly, goaded by libertarian
interests, will ignore what the recent controversy was about (a
government that forced property owners to sell their property to
make way for more attractive private development) and launch a
broader assault on the principle that the public can force property
owners to sell to the government for the public good.
Legislative hostility toward condemnation (and toward local
government) is well-established. Recall, for instance, the bill that
passed the House and nearly the Senate this year to force local
governments to pay obscenely inflated prices to billboard owners
when forcing them to comply with rules limiting visual blight.
Recent comments underline the concern. Senate Majority Leader
Harvey Peeler’s promise of “swift and positive action” when
lawmakers reconvene in January suggests that they have already
decided on a simplistic, and likely overreaching, course of
action.
House Judiciary Chairman Jim Harrison isn’t content to stop at
that. He told a news conference earlier this month that he would
like lawmakers to restrict “regulatory taking” — a scary-sounding
term for such essential practices as zoning. Lawmakers already tried
to do that this year, with a bill that would have made it impossible
for cities and counties to regulate where sexually oriented
businesses, mega-hog farms, landfills or pretty much any other
business could locate, and prevented them from imposing landscape
requirements on mobile home parks or limiting where fireworks could
be used or when bars had to close.
That bill, like the billboard-owners-enrichment bill, didn’t
quite pass this year. But with some lawmakers preparing to turn
their “homeowners’ protection” crusade into a libertarian Christmas
tree of government-loathing, there’s good reason to worry about what
2006 will
bring. |