|
|
| |
| Thu, Dec. 4, 2008 |  |
 |
|
||
| |
Libertarian group gives failing grade to Arkansas' eminent domain law Thursday, Jun 7, 2007 By John Lyon Arkansas News Bureau LITTLE ROCK - A libertarian civil defense group gave Arkansas an "F" for its eminent domain law, a grade that a spokesman for Gov. Mike Beebe said Wednesday was undeserved. The Arlington, Va.-based Institute for Justice on Wednesday issued a 50-state report card assigning failing grades to Arkansas and nine other states that, according to the institute, have not taken adequate steps to protect property owners from eminent domain abuses. The report card grades states for actions they have taken - or not taken - in response to the U.S. Supreme Court's ruling in the 2005 case Kelo v. City of New London. In that 5-4 decision, the court ruled that the city of New London, Conn., could seize property for the purpose of allowing private developers to build on it, finding that private development of property can be considered "public use" because economic development benefits the public through jobs and tax revenue. Since the ruling, 42 states have toughened their eminent domain laws to protect property owners, according to the institute. Arkansas is not among them. State Sen. Ruth Whitaker, D-Cedarville, filed a bill during this year's legislative session that would have banned local governments in Arkansas from using eminent domain powers solely for economic development. The measure passed in the Senate but failed to clear a House committee. "Arkansas homeowners are no more protected from eminent domain abuse today than they were the day the Kelo decision was announced," the Institute for Justice said in a release. The report card does not mention that Arkansas courts have addressed the issue of using eminent domain powers for economic development and have decided in favor of property owners - a fact that the U.S. Supreme Court noted in the Kelo decision. Beebe was serving as state attorney general when the Kelo decision was announced. Beebe spokesman Matt DeCample said Wednesday the governor supports strong private property rights but does not see a need to add to the existing protections in the state constitution. "After that ruling ... and during the campaign, the governor said that if there was evidence as a result of that decision that showed a need for additional legislation in Arkansas, he would pursue such legislation," DeCample said. "To this point, we haven't seen it." |
