Taxes and the Economy

Information about Eminent Domain, Public/Private Development and Open Government 

 

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Gun Control Coming to the Senate Floor on Monday

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Legislative Alert: HB-1091 First Refusal rights on transfer of seized property from eminent domain

As expected this year's Legislature has a bumper crop of bills associated with eminent domain, the power of the government to forcibly and without your consent seize your property. In our view the only bills that should be supported are bills that close one or more of the loopholes that allow abuse by the government - or - that provide protections to the citizens.

This bill - HB-1091 provides that the government can not seize your property under the guise of "public use" and then turnaround and use for the benefit of a private developer within 7 years without letting you buy it back.

This is a positive step - however we strongly recommend that your tell your State Representatives and Senators to put a little more "teeth" in this bill as follows:

  • Time period - This bill has a 7 year timeframe. So it would not apply to government mischief after 7 years. We believe that there should be no time limit. Property forcibly seized by the government for stated "public use" should never be converted to "private use."
     
  • Property price. This bill states that the government has to offer the original owner the right to purchase the property back at the condemnation price. We disagree, if the government seizes property for a stated public use and either does not execute that specific public use or no longer needs the property for the stated public use - the property should automatically revert back to the original owner and the condemnation price be considered a fee paid for the use of the citizen's property.

One of the main functions of government is to protect the rights of its citizens, we already have too many laws and loopholes which tread on the rights of the citizens. There is no excuse, except pandering to special interests, for the government to ever seize a citizen's property for a stated reason and then use it for something else.

Legislator's that pander to special interests should be replaced.

The bill information follows:

The bill has been assigned to the House Judiciary Committee.

http://www.legis.state.ga.us/legis/2005_06/fulltext/hb1091.htm

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