Posted on Wed, Dec. 14, 2005


Put Limits on Takings
Sanford right to urge property rights respect


Many South Carolinians were appalled earlier this year when the U.S. Supreme Court empowered local governments to condemn private property for economic development. That raised alarms among coastal residents who fear that local councils could seize their property to help developers build projects that bring in higher tax revenue.

Aware of that danger, Gov. Mark Sanford last week threw his weight behind the legislative leaders who want to tighten S.C. law to protect property rights. He urged passage of an eminent domain bill that would, among other things, limit the "public uses" for which the state and local governments can condemn property. Few would argue that condemning land for highways isn't a legitimate public use. But taking land for private redevelopment is highly questionable.

Sanford especially wants legislators to restrict the circumstances under which a local council can deem a desirable property "blighted." The folks who own modest cottages a few blocks off the beach will appreciate that.

None of this is to suggest that legislators inhibit economic development at the beach and in other desirable areas. But developers who want property for large projects should acquire it the old-fashioned way - an arm's length transaction - rather than asking governments to condemn it. Sanford did well to reinforce this concept.





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