Property would be shielded from seizures for economic development

By STEVE BROWN

Capital Press

OLYMPIA -- Legislation that would limit the use of eminent domain made its debut Thursday, Jan. 14, at the Capitol to a bipartisan chorus of support.

All voices at the press conference backed House Bills 2423 and 2425 and Senate Bills 6199 and 6200.

"This legislation has strong bipartisan support in the House and the Senate," said Attorney General Rob McKenna. "There must be effective limits on government authority."

The bills were crafted by a task force chosen from a cross section of the state representing rural and urban interests, McKenna said.

The task force addressed issues raised by a 2005 U.S. Supreme Court decision on Kelo v. City of New London. The court ruled that local governments may use eminent domain to foster economic development and called it a "public use" under the 5th Amendment of the U.S. Constitution.

The Supreme Court also acknowledged that states are free to adopt legislation to prohibit governments from using eminent domain for economic development.

"Forty-three states have reformed eminent domain laws," said Steve Appel, president of the Washington State Farm Bureau. "We're still at risk."

"It is a basic right to enjoy one's private property," McKenna said. He said the bills have strong backing in the Legislature, with 28 representatives and 20 senators signing on.

In essence, he said, the task force report redefines the terms "public use" and "economic development." The legislation codifies those new definitions.

Craig Johnson, a horse rancher in Stanwood, Wash., and member of the task force, said his focus was on protecting private land rights.

"My biggest investment is my land. If I lose that, I've lost my retirement," he said. "There is no reason this shouldn't be bipartisan."

Still, he said, he expects opposition to the bills. He has heard that urban governments may oppose them.

"Anyone opposed is either ill-informed or ill-intentioned," Johnson said.

House Majority Leader Lynn Kessler, D-Hoquiam, also called eminent domain reform a nonpartisan issue. She recalled "unpleasant negotiations" when her sister's property was taken for a highway.

"The fallout is distrust of government," she said. "These are people's dreams. ... This is a matter of common sense, a matter of decency."

"Rarely do you see such symmetry of support," McKenna said.

"There is no fiscal impact of this legislation, no direct economic impact," he added. "We should let normal market forces determine actions."

More online

To read and track individual pieces of legislation, go to www.leg.wa.gov, click on Bill Search and enter the bill number.

The task force report is at www.atg.wa.gov/Eminent_Domain.aspx.