In response to this post, a couple of people have added a few more bits of good news. For example, one commentator says Alabama passed legislation that specifically prohibited the new and expanded “public purposes” they created in Kelo.

And Knox County Law Director Mike Moyers writes (say, Knox County government types are reading? – spooky):

Just thought you would like to know that in Knox County, Tennessee we have passed an ordinance that would require a supermajority (2/3) of the County Commission to approve the use of eminent domain where the intent and effect is to deprive any private person, corporation or entity of real property and transfer that property to any other private person, corporation or entity.

That may not sound like much, but the Commission recently (but before the Kelo controversy) was unable to agree to condemn a small strip of land from a cattle stockyard to serve as an access for a local county-owned refuse and recycling center. Requiring a two-thirds majority for a Kelo-style condemnation effectively removes such a condemnation from the realm of possibility, unless the need and public desire for such is absolutely overwhelming.

It doesn’t go far enough in that such takings should be outright banned but it is a start. So, hats off to Knox County.

Update: Mr. Moyers emailed me a copy of the ordinance, which states:

SECTION 1: No exercise of the power of eminent domain by Knox County which has the intent and effect of transferring ownership of any interest in real property from any private individual, entity or corporation to any other private individual, entity or corporation shall be undertaken unless such exercise of the eminent domain power is first approved by a minimum two thirds majority vote of the membership of the Knox County Commission.

SECTION 2: Exercise of the eminent domain power for acquisition of property which does not meet the conditions set forth in Section 1 of this Ordinance may be authorized by vote of a simple majority of the membership of the County Commission, provided that if any property so acquired is proposed to be sold to any private individual, entity or corporation other than the original owner within three years of said property’s acquisition, authorization of such sale shall require approval by a two-thirds majority of the County Commission.

SECTION 3: Exercise of the eminent domain power of Knox County solely for the purpose of building, expanding or improving Knox County public roads shall be deemed to have been approved and authorized by the Knox County Commission when the Commission appropriates such funds as are necessary for such road construction, expansion or improvement or takes such other action as evidences the Commission’s approval of such road construction, expansion or improvement.

SECTION 4: Use of the county’s eminent domain powers for the purpose of development of industrial parks pursuant to the Tennessee Industrial Park Act, TCA §13-16-201, et seq., shall require the approval of a simple majority of the membership of the Knox County Commission

Posted in Eminent Domain on August 23rd, 2005 by SayUncle | RSS 2.0 |