What is eminent domain? Random House Webster's Dictionary defines eminent domain as the power of the state to take private property for public use.
I like the more descriptive definition of Wikipedia found at http://en.wikipedia.org/wiki/Eminent_domain. It doesn't come as a surprise to me that Wikipedia is stating that this term or article has multiple issues and is invoking to improve or discuss such issues on the talk page. It does appear to be loose in meaning to me.
One such issue surrounding eminent domain recently became controversial in the Supreme Court Ruling of Kelo vs. City of New London wherein the court upheld New London, Connecticut use of eminent domain to take possession of Susette Kelo's property, against her will, stating the greater public benefit in terms of generating jobs & tax revenues. What stood out in this argument was: what really qualify as 'public use'? We can debate and argue for days on end I am sure and to think that this is just one of the many gray areas of eminent domain.
In my opinion, there is a lot of ambiguity in this state power thus a high probability of abuse in it's use, which drives me to the point that I want to bring into this blog. I just want to bring awareness that there exists a petition that will be presented to the Legislature in 2011 that seeks to close these loopholes in the eminent domain law.
I am so proud to be a part of the Texas Association of Realtors who have been pro-active all along, striving to protect private property owners' rights. We made good stride with the passage of Proposition 11 last year that gave more specific definition of the 'public use' term. But, if like me, you see that more reforms can be done, to clearly define and set boundaries to this state power in order to avoid misuse and abuse, then head to this website and sign the petition http://protectyourhomeandland.com. Among other things, the following are some of the few things that the petition wants to address: "establish stricter penalties for not negotiating in good faith; demand adequate compensation for loss of access; provide a 10-year buy back provision for land that isn’t used; and clarify that eminent domain must only be exercised for public use."
Don't pass up on your chance to be heard so your rights over the security & enjoyment of your property may be protected. If anything, I know I did my part.
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