Eminent-domain bill clears Senate

As noted earlier, there has been a lot of controversy generated by the SCOTUS decision in Kelo v. New London that affirmed that governmental bodies had the right to sieze property using eminent domain, in order to turn it over to another private owner for re-development that would yield a higher tax rake-off to the locality in question.

This method of “revenue enhancement” (read: tax increase) is soon to be totally off the table in South Dakota, with the House and Senate both having approved a measure forbidding this use of eminent domain.

Calling it a model of legislative cooperation, the South Dakota Senate on Tuesday unanimously passed a measure that is designed to protect private-property rights. “This bill is truly a work of art,” Senate Minority Leader Garry Moore, D-Yankton, said. Moore commended HB1080’s chief sponsors, Sen. Jim Lintz, R-Hermosa, and House Majority Leader Larry Rhoden, R-Union Center, for working with interested parties in crafting the legislation. HB1080, which ensures that government agencies cannot condemn land for economic development, stems from a controversial U.S. Supreme Court decision last summer regarding eminent domain.

Although this has not (yet) been a problem in SD as it has in other states, this measure is a welcome protection from this form of attack on private property rights. Kudos to BOTH parties up at Pierre, who overwhelmingly supported this act.