Eminent Domain Bill
The NY Times has a great article today about states moving to write bills limiting eminent domain.
In New Mexico, a bill seeking to limit localities ability to use eminent domain passed in this most recent legislative session.
The bill, HB746 does not allow for the use of eminent domain from a private party to another private party, even if its for the public good.
In a Farmington Times article from the 13th, many state represenatives jumped at the opprotunity to be against eminent domain, even prompting laughter after Rep. James Roger Madalena, D-Jemez Pueblo said: ""Nobody wants government to take away private property," he said "Now we know how the Indian feels."
Now what stands out is the way this bill limits eminent domain. Its a clear cut way with very little wiggle room, you are either a private company, or your not and part of the government. But- it does serverly hinder local governments in their ability to spur economic growth in any way except with some type of government/public project.
In the Legislative Finance Committee's Fiscal Impact Report, they did express concern about taking away the ability in all private to private situations:
In New Mexico, a bill seeking to limit localities ability to use eminent domain passed in this most recent legislative session.
The bill, HB746 does not allow for the use of eminent domain from a private party to another private party, even if its for the public good.
In a Farmington Times article from the 13th, many state represenatives jumped at the opprotunity to be against eminent domain, even prompting laughter after Rep. James Roger Madalena, D-Jemez Pueblo said: ""Nobody wants government to take away private property," he said "Now we know how the Indian feels."
Now what stands out is the way this bill limits eminent domain. Its a clear cut way with very little wiggle room, you are either a private company, or your not and part of the government. But- it does serverly hinder local governments in their ability to spur economic growth in any way except with some type of government/public project.
In the Legislative Finance Committee's Fiscal Impact Report, they did express concern about taking away the ability in all private to private situations:
Eminent domain has been a long standing tool in the economic development toolbox. While it may be a last resort, its presence enables marketplace-set levels of just compensation to rule, not exorbitant or unreasonable rates that can prevent community-desired development or redevelopment from occurring
One of the most ardent supporters of eminent domain is the National League of Cities, who are, according to the NY Times, urging their members to lobby congress to "try to stop the avalanche of bills to limit the power of government to take private property for presumed public good."
Additional N.M. eminent domain spotlight has been brought about by the Rio Rancho City Council in December (sub. required) wanting to blight nearly 2 square miles of vacant land, though the City Council did back off (sub. required) in January.
posted by Pguy at 9:14 AM
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