Good News about Eminent Domain

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Illinois Senate Passes Limits to Eminent Domain as State Response to Kelo Ruling Continues



Chicago Tribune

Ray Long and Christi Parsons



March 3, 2006



Mar. 3--SPRINGFIELD -- The Illinois Senate overwhelmingly approved a bill Thursday that would limit the power of local governments to take a person's property, following passionate arguments pitting the rights of homeowners against the need for economic development.



The legislation, approved 44-2 with 10 senators voting present, came in response to last year's U.S. Supreme Court decision that expanded the power of eminent domain by local governments but invited states to define how the extraordinary authority can be used. The measure now goes to the House for consideration.



On the busiest legislative day this year, the Senate defeated an effort to give tax breaks to businesses that hire criminals and rejected a proposal to make Illinois accident records for used cars available to consumers.



Officials for cities around the state opposed the eminent domain measure, saying it could severely limit their ability to improve their communities. But supporters argued the measure is a needed protection for homeowners.



"The way it is now, the property owner is clearly at a disadvantage," said Sen. Susan Garrett (D-Lake Forest), the lead sponsor. "This levels the field."



Five states have passed laws in response to last summer's Supreme Court ruling, and as many as 40 other states are considering legislation, according to the National Conference of State Legislatures.



In Illinois, Garrett's measure would raise the standard for local officials trying to take away private property for private redevelopment by requiring, if challenged, that they demonstrate the land they want is blighted. Under current law, she said, "property owners now have to prove something is not blighted."



In addition, local officials would have to have their specific or regional redevelopment or renewal plans in writing in order to condemn property.



The measure wouldn't affect government authority to condemn land for public uses such as roads and sewers.



Sponsors are optimistic



Garrett said she is optimistic of the legislation's chances in the House, as is the sponsor there, Rep. Jack Franks (D-Woodstock).



A spokesman for House Speaker Michael Madigan (D-Chicago) said the measure will be studied, but that the House's action is "an open question."



Madigan believes Illinois law has more restrictions than the U.S. Supreme Court decision, and that "Illinoisans are pretty well protected now," said spokesman Steve Brown.



Sen. Ed Petka (R-Plainfield) argued the state should restore the balance between the rights of the community and the rights of individual homeowners.



"Your home is your castle," said Petka.



Sen. Adeline Geo-Karis (R-Zion) said the legislation would be "a crucial check on the power of government and a safeguard against abuse."



The Senate approval was welcomed by Ed Lehmann and a group of business owners in Des Plaines, who have been campaigning for such changes out of concern that their business district may be targeted for redevelopment.



"I'm glad something's being done. The previous law was in favor of the municipality," Lehmann said. "We need to put it more in the middle."



Municipalities have concerns



But local government officials argue there is another important factor to weigh--the welfare of a community seeking to increase its tax base or improve a distressed area.



From St. Charles to Chicago, municipalities rely on eminent domain to force the sale of properties when owners refuse to sell. Without it, local officials said, many large-scale redevelopment projects could be dead in the water.



"What the bill does is increase the value of what a local government has to pay to get rid of blight," said Roger Huebner, general counsel for the Illinois Municipal League.



With higher costs to redevelop blighted areas, Huebner said, fewer developers will listen when cities pitch plans about revitalizing city centers.



The city of Chicago also opposes "any legislation that impedes our ability to revitalize blighted communities," said Jennifer Hoyle, spokeswoman for the city Law Department.



Sen. Lou Viverito (D-Burbank), who voted present, contended the legislation should be amended in the House to ensure the limitations would not prevent economic development, a move he said would be "devastating to our society."