By Ben Szobody STAFF WRITER bszobody@greenvillenews.com
If you're worried about the government's ability to seize your
property, this could make you feel better: Greenville County
explicitly pledged Tuesday to limit its seizure of private land for
public use.
Some County Council members who voted for the measure said the
unanimous votes changes little but amounts to a "clarification" of
the county's unofficial eminent domain policy in an election year
where the effect of government decisions on your property could
become a hot-button issue.
Councilman Mark Kingsbury, who proposed the bill, said he agreed
to change controversial wording that some feared would also make it
tougher to control future growth.
A portion that equated some strict zoning designations to
government "taking" your property was removed. Council Chairman
Butch Kirven said it could have prompted other property owners to
sue the county over any zoning decisions under the logic the county
had similarly "taken" their land.
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Dr. Catherine Ross, director of the Center for Quality Growth at
Georgia Tech, said it was a bad idea that would have made growth
more haphazard and made it harder to protect property.
However, Tuesday's amendments meant that the bill's final version
was different from the one that received a public hearing two weeks
ago. Kingsbury said that's what the hearing was for.
"That's why you have a public hearing, to get their input," he
said. "Then you make changes."
But the late amendments required a special vote from council,
which normally does not allow measures to be changed just before the
final vote.
The measure was a response to what Kirven called the
"sensational" outcry generated nationally by a Supreme Court case
involving Connecticut landowners and locally by lawsuits over the
City of Greenville's seizure of downtown land.
The city lost those cases, costing it more than $6 million in
damages and legal fees.
Preserved in Tuesday's bill is a pledge that the county must get
property owners' permission before imposing strict zoning
designations on rural property that would prevent the owners from
splitting the land into small parcels.
Council's approval was unanimous Tuesday. The measure becomes law
today. |