News and Press Releases for May 2006

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05/15/2006

Gov. Sanford Calls for Passage of Eminent Domain Amendment

Governor Reiterates Request to House for Adoption of Senate Amendment

Columbia, S.C. - Gov. Mark Sanford today called on the S.C. House of Representatives to pass S.1031 -- a constitutional amendment to limit eminent domain powers -- without adding in "regulatory takings" provisions that could jeopardize the amendment's passage in the Senate. The governor's request today came as House leaders prepare to take up the Senate bill this week, and is a follow-up to a similar request the governor made via letter to leaders in the House and Senate in March.

"The issue of regulatory takings is an important one that needs full debate, but based upon what we've heard from a number of friends in the Senate it's an idea that could jeopardize getting an eminent domain bill through that body this year," Gov. Sanford said. "I believe it would be a disservice to all homeowners and business owners in South Carolina if regulatory takings was the deal breaker for passing an eminent domain bill that actually has a chance to become law. At this late stage of the legislative session, I'd urge the House to put aside its valid concerns about regulatory takings in order to make sure we pass a bill that gives property owners essential protection from eminent domain abuse."

In response to the controversial U.S. Supreme Court decision, Kelo v. City of New London, Connecticut, a number of bills were introduced in the House and Senate to protect South Carolina citizens against property takings made possible by the Kelo decision. The key protection against that decision is found in the Senate's version of the constitutional amendment, which prevents governmental property takings for "economic development" unless there is a clearly-defined public use.

Since the Kelo decision, at least 35 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.