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. |