JUNE UPDATE: The TN General Assembly passed a version of this bill with the fatal flaw intact. Our state law now specifically allows eminent domain for creating industrial parks. See the final version of the bill as enacted at: http://www.legislature.state.tn.us/bills/currentga/Chapter/PC0863.pdf.
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FOR IMMEDIATE RELEASE
LIBERTARIAN PARTY OF TENNESSEE
May 20, 2006
The Tennessee General Assembly is working to pass a bill dealing with eminent domain. The bill, HB3450 in the State House and SB3296 in the State Senate, has already been approved by the State Senate and awaits action by the State House possibly as early as this week. Although some parts of the bill would narrow options for potential eminent domain abuse, the bill has a fatal flaw. It specifically allows use of eminent domain if it is for development of an industrial park.
“If you think this bill is going to significantly protect you from eminent domain abuse, you are mistaken,” says Alicia Mattson, Chair of the Libertarian Party of Tennessee. “This bill is merely a pretense. It was designed to let our elected officials claim that they voted to protect your property rights, when in reality it specifically allows eminent domain abuse.”
The bill starts off on the right foot, declaring that “public use” does not include private use, benefits from economic development, increased tax revenues, increased employment opportunities, etc. But it says all of that is the case EXCEPT when you’re talking about, among other things, seizing property for an industrial park. So it allows the very thing that private property owners need protection from after the Kelo v. New London ruling. It was admitted in House debate that the phrase “industrial park” could mean a retail store like Wal-Mart or just about anything else a lawyer wanted it to mean.
“Bills like this happen because most of our state legislators have more respect for the power, desires, and private agendas of lobbying organizations (like Chambers of Commerce and the Tennessee Municipal League) than they have respect for the private property rights our allegedly free society was supposed to protect,” says Mattson. “This bill basically proclaims that we have no property rights. It says the government owns our property. We are allowed to temporarily use our property only by the government’s good graces, and the government can sell it off to the highest bidder as long as they call it an industrial park. The reality is that this bill does nothing to protect your private property rights from people who covet your property and want the government to seize it for their own personal benefit.”
There were dozens of other proposals that were introduced in the legislature this year to try to counter the effects of the Kelo v. New London ruling, but those were rejected in favor of this particular bill. The text of the bill may be read at:
http://www.legislature.state.tn.us/bills/currentga/BILL/HB3450.pdf.
Many amendments have been filed for this bill, including at least one in the House that could remove the fatal flaw. But this bill may very well pass with the fatal flaw intact.
Contact your State House Representative today to remind them that they took an oath to protect your property rights, not to sell them off to wealthy developers. Tell them that the only way this bill should be supported is if it is amendeded to remove the "industrial parks" allowance.
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