Gov. Sanford Addresses Eminent Domain Issue

Gov. Sanford Addresses Eminent Domain Issue

GOVERNOR TO WORK WITH HOUSE, SENATE TO STRENGTHEN PRIVATE PROPERTY RIGHTS

Gov. Mark Sanford today joined with leaders from the S.C. House and Senate, the S.C. Association of REALTORS and other property rights advocates to announce plans to address eminent domain issues in the upcoming legislative session. The move comes in response to the recent U.S. Supreme Court decision, Kelo v. City of New London, Connecticut, in which the court significantly expanded the scope of property takings laws. Gov. Sanford said ensuring protections for South Carolina's property owners is "key to defending one of our most fundamental rights."

"The Founding Fathers were very deliberate in laying out exactly when government could and couldn't take citizens' private property, and I think the recent Supreme Court decision is a step in the wrong direction when it comes to protecting one of our most important constitutional rights," Gov. Sanford said. "Protecting property that folks have invested money, work and time into over the course of many years is key to allowing families to create wealth, and key to the notion of quality of life. Even though our state already has some strong protections on this front -- and a state Supreme Court whose rulings consistently favor property owners -- the Kelo decision means that we have to take a new look at and shore up existing laws rather than be forced to react later on down the road."

Gov. Sanford identified several issues for possible incorporation into a bill in the coming legislative session. Among those are limiting which governmental authorities can use eminent domain, better defining the term "public use," and tightening the definition of what constitutes a "blighted area."

Since the Kelo decision, at least 21 other states have begun work on strengthening their eminent domain statutes. Several states are considering constitutional amendments, while the governor of Connecticut - where Kelo originated - has called for a moratorium on cities using their eminent domain powers. Alabama and Texas both called a special legislative session to deal with the issue. Eight states, including South Carolina, are already considered to have strong eminent domain protections. Some of those states - like Florida and Illinois - have recognized possible loopholes in their laws and are in the process of tightening them.

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