Wednesday, July 27, 2005

Eminent Domain

As we predicted, there is a flurry of bi-partisan activity in Albany to curb the excesses of eminent domain (see today's Crain's Insider). Richard Brodsky, already out in front on the issue, has a bill that would restrict the state’s taking power without local approval. Even more interesting is a bill being drafted by Assemblyman Roger Green that adopts a California definition of blight and “says companies should share profits with homeowners they displace.”

Republican legislators are drafting more restrictive bills that would more narrowly define just what public use is and would also restrict eminent domain to blighted areas. Clearly, all of the proposed bills have features that merit further attention and we’re hoping that any legislative action will be preceded by hearings on all points of the proposed statutes.