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On July 18th, 2005, the McMinn County Commission (Tennessee) passed the following resolution by voice without dissenting vote. The vote came after local Libertarian and Constitution Party members expressed support for a similar resolution presented by David Hutson.
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WHEREAS, McMinn County properly recognizes the authority given to governments by the "Takings" Clause of the Fifth Amendment to acquire private property for public use with just compensation; and
WHEREAS, McMinn County disagrees with the majority opinion of the United States Supreme Court in the Kelo vs. City of New London case which essentially opines governments may seize homes, small businesses or other private property for the sole purpose of transferring it to other private parties for the public benefit of additional economic development; and
WHEREAS, McMinn County recognizes the public benefits of economic development as to provide employment, a stabilized tax base and much needed services, however, McMinn County believes that long term harm to economic development will occur when the citizens which we serve, lose the necessary confidence in the long standing American principle of ownership when investing in private property, industry and enterprise; and
WHEREAS, it is McMinn County's understanding the high court's ruling did not prohibit states from creating their own laws to limit the use of eminent domain for their local governments and themselves; and
WHEREAS, the McMinn County Commission urges both the Congress of the United States and the Legislature of the State of Tennessee to pass legislation that will protect the fundamental ideal of private property ownership by prohibiting the seizure of private property for the sole purpose of taking property from private party "A" and giving it to private party "B." even with just compensation; and
WHEREAS, the McMinn County Commission, faithfully considering the vital importance of private property rights and ownership, voluntarily limits its eminent domain powers to projects of public use where the party receiving such benefit is a governmental agency, department or function.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF McMINN COUNTY, MEETING IN REGULAR SESSION THIS THE 18th DAY OF JULY, 2005 that this Commission requests legislation that properly protects the private property rights of home owners, small businesses and other private property from unreasonable governmental seizures and interference; and
BE IT FURTHER RESOLVED, that this Commission voluntarily limits the powers granted to it by eminent domain to projects of public use only and not for the sole benefit of another private party, the public welfare requiring it.
John M. Gentry McMinn County Mayor
Evonne Jones. County Clerk
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