Eminent domain reforms sought

Senator George D. Maziarz, 62nd District, has signed on to cosponsor several pieces of pending legislation aimed at protecting individual property rights in New York state. These proposals counter the ill effects of the United States Supreme Courts' decision in Kelo v. City of New London. In a decision this summer, the court placed no restrictions on the use of eminent domain in cases where private property was being taken for another private party's economic development project.

"We still have the power to add some sanity to the lunacy of the Kelo decision," Maziarz said. "Individual states retain the authority to limit the ruling's encroachment on property rights. That is why the State Senate is advancing a package of bills to provide more local control over the eminent domain process, enhance oversight and ensure property owner rights. We are hopeful we can get something done because we cannot allow individual liberties to be trampled on."

Maziarz is co-sponsoring the following newly-introduced bills in the State Senate:

•Legislation that establishes that eminent domain shall only be used for public projects rather than private ones; that the use of eminent domain by an industrial development agency to acquire property is subject to approval by the local county legislature; and that any relocation costs shall be expenses which may be paid to the owner of a property being taken by eminent domain;

•Legislation that provides that the power of eminent domain shall only be exercised for economic development purposes when the area for economic development is a blighted area.

•Legislation that would require the preparation of a comprehensive economic development plan for the use of eminent domain legislation when the primary purpose is economic development. It also would create a temporary state commission to examine eminent domain laws and make recommendations for further reforms and enact significant protections for homeowners and other displaced residents where their property was condemned for economic development.