Asa Urges Action On Property Rights
Asa Urges Action On Property Rights
Hutchinson Warns Against Passive' Approach To Property Rights, Urges Legislature To Act
Comments Come in Reaction To Attorney General Opinion
Asa Hutchinson today renewed his call for the Arkansas Legislature to act decisively to protect private property rights in Arkansas. Hutchinson's comments came in reaction to an Attorney General's opinion on eminent domain issued this morning.
"The state of Arkansas needs to show leadership and take steps to actively protect our property rights," Hutchinson said. "I don't think we can afford to take a wait-and-see approach and let the courts decide for us."
The Attorney General's opinion was issued in response to a request from State Senator Denny Altes asking, "In light of the recent U.S. Supreme Court decision in Kelo v. New London can a city in Arkansas use its power of eminent domain to take private property for private enterprise?"
The Attorney General concluded that "the answer to your question is generally no' under existing Arkansas case law and the Arkansas Constitution."
Hutchinson, a former U.S. Attorney and Arkansas congressman, stated that the Kelo ruling altered the traditional interpretation of "public use" to include the taking of private property for private re-development, if a state so defined it. Previously, "public use" was typically limited to uses such as the building of roads and schools, not purely private economic development projects.
Hutchinson noted, however, that the Supreme Court left the definition of "public use" to the individual states to decide, and he urged the Arkansas Legislature to act accordingly.
"I'm surprised the state's top legal officer would suggest we don't need to do anything to protect people's property," Hutchinson said. "The Kelo decision puts too much power in the hands of powerful interests at the expense of the average citizen, and we need to act to avoid any potential abuses here in Arkansas."
The Supreme Court's ruling has prompted state governments around the country to act. Hutchinson pointed to legislation signed by Alabama Governor Bob Riley on Aug. 3 as one of the recent examples. Arkansas lawmakers are also debating how the Supreme Court's ruling impacts Arkansas, but no consensus has yet emerged.
On August 24, Arkansas legislators held hearings in Little Rock to determine the need for action to protect property rights. In that hearing, John DiPippa, a professor of law at the University of Arkansas Little Rock, echoed the Attorney General's position, asserting that the Arkansas Constitution already adequately protects property rights. He advised the lawmakers against taking any new steps.
During the same hearing, State Senator Jim Argue expressed his concern that the state needed to clarify the definition of "blighted" property to ensure against abuse of eminent domain, noting that the definition as it stands is "a barn door that anybody can drive through."
"Clearly this is a bipartisan matter that requires bipartisan leadership," Hutchinson said. He urged the Legislature to initiate an interim study in order to pass legislation immediately once the General Assembly reconvenes. "It doesn't make sense to wait for somebody's land to be seized and then wait for the courts to decide the issue. We have an opportunity to prevent potential abuses. Good government requires that we act now to avoid such abuses."
Hutchinson praised the efforts of two state legislators, Rep. Rick Green, R-Van Buren, and Sen. Ruth Whitaker, R-Cedarville, who have called for an interim study of the use of eminent domain in Arkansas. Hutchinson urged the Agriculture and Economic Development committees, which are considering the proposal this week, to authorize the study.
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