Presidential Executive Order concerning eminent domain

[1]: http://www.whitehouse.gov/news/releases/2006/06/20060623-10.html
[2]: http://www.mnedr.com/
[3]: http://en.wikipedia.org/wiki/Emoticon
[4]: http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=ccrsf2750.html&session=ls84

President Bush recently signed an [executive order][1]: “Protecting the Property Rights of the American People.” I’m glad to see property rights re-affirmed, but I wonder if it will have any real meaning or effect. As far as I can understand what I’m reading, it’s meant to make sure property is not taken “merely for the purpose of advancing the economic interest of private parties to be given ownership or use of the property taken,” which is very good, but that’s not really the state of the debate anymore.

The debate has shifted away from “public use” to “public good” and saying that public good can be the benefit the public can gain from increased property taxes available to a city if land is redeveloped. This topic became a big deal nationally in the Supreme Court’s “Kelo v. New London, Conn.” decision, which allowed such a taking, but also reinforced a state’s right to be more restrictive in what’s allowed.

This prompted many states including Minnesota to reform their eminent domain laws. This reform was helped along by a surprisingly diverse coalition of people and political groups called [Minnesotans for Eminent Domain Reform][2]. And [reform][4] was passed this year on May 15th.

All that said, I just wonder what’s behind an Executive Order on the topic. Maybe it’s the explicit instruction to the Attorney General to pursue it? Anyway, it just caught my eye as we had seen that Vadnais Heights willing to consider using eminent domain to acquire some family property recently. Have you ever had to deal with eminent domain?

**Update:** Oh great. It appears that my state Senator Mee Moua (District 67) **and** my state Representative Sheldon Johnson (District 67B) **both** voted against it. Sigh. And here I was giving the needle to “What’s Left of Maplewood” for actually *being* left of Maplewood. Look at me, the lonely conservative on Saint Paul’s East Side. Is there an [emoticon][3] for self pity?

I’m going to write them both to ask why they opposed it.

2 thoughts on “Presidential Executive Order concerning eminent domain”

  1. Alex and I like to wander down to Nicolette Island and Boom Island occasionally-it’s such a secret and wonderful place. It feels like you’ve been transported to a simpler time where gardens spill out over the sidewalks, people wave at eachother and stop just to chat. You almost expect to see Tom and Huck running barefoot, poles in hand, across the cobblestone street to the River. The homes are so romantic most of them over 100 years old (and most of the community can give you the dates when home were built). A couple days ago, we watched an airplane take off and land on the river -all this a short walk from downtown Minneapolis…anyway….De LaSalle-di spell that right?-a private school, wants to put their sports field there and the people are found having to try and defend their community, at least that is how it was put in a newsletter that they have posted around the Island. Can they actually do that?

  2. That is a very interesting topic. I’ll try to dig up information, but as I understand it it’s simply that the school wants to use their own land (or land they have rights to) for a playing field for their students and the community. And the folks who live there, like DFL state rep Kahn [ed: error removed, see below], apparently have some kind of sweet financial arrangement. Plainly they don’t want to give up that up. Or their sweet digs.

    Seems to me it’s simple: if the school has the rights or ownership, they can do what they wish. Or the residents can buy the land. But I sure wouldn’t want some group of people to come along and say “Hey, Ken, you must do our will with your property.” But here, people like Pappas with political power clearly seem to have a conflict of interest.

    I’ll dig up details and post on this later.

    [Ed: I removed the name of the politician I incorrectly listed here originally. I simply remembered it wrong, and there’s no reason her name should live on in Google associated with something that has nothing to do with her just because I remembered something wrong.]

Leave a Reply

Your email address will not be published.