CT General Assembly Favors USSC Decision
Note that again, the vote falls along Party lines...
General Assembly kills GOP plan to limit eminent domain powers
By SUSAN HAIGH
Associated Press Writer
June 29, 2005, 1:20 AM EDT
HARTFORD, Conn. -- Republican leaders in the state Senate have called for another special session to consider legislation limiting Connecticut's eminent domain laws following its defeat in the General Assembly on Tuesday.
The proposal, offered in response to last week's U.S. Supreme Court ruling allowing New London to take homes for a private development project, was killed on a mostly 22-11 party-line vote in the Democratic-controlled Senate.
The House of Representatives, which also is run by Democrats, defeated a similar proposal 82-50.
The plans were offered as amendments to legislation that details the two-year, $31.2 billion budget and other provisions.
Republican leaders in the Senate say homeowners need immediate protections in the wake of the court decision, they said.
The GOP proposal would have prevented a municipality or government agency from taking owner-occupied residential property with four or fewer units for a private development project.
"I just don't believe that we should be in the business of taking a family's home away from them for private interests," said Sen. John McKinney, R-Fairfield. "I don't believe we should stand up and say private corporate needs, private development needs, trump individual rights."
Democrats balked at the timing of the GOP proposal. Some Democratic lawmakers said it makes more sense to confront the issue next year in a regular session when legislators can get more public comment.
"We ought to study this more carefully so there are not unintended consequences," said Senate President Pro Tem Donald Williams Jr., D-Brooklyn. He and other Democrats said the amendment raises more questions than it answers.
Last Thursday's 5-4 decision by the Supreme Court widens eminent domain power, granting local governments broad rights to seize private property to generate tax revenue. The majority noted that states are free to pass additional protections.
Republicans said that the Senate, which was meeting in special session on Tuesday, has passed legislation before that hasn't gone through the regular public hearing process. They urged passage by the General Assembly now to protect constituents.
"I would much rather err on the side of going too far to protect individual homeowners and property owners ... than protecting some government agency that wants to take their home because they have the authority, the awesome power to do so because of economic gain," said Sen. David Cappiello, R-Danbury.
House Minority Leader Robert Ward, R-North Branford, said he plans next year to resurrect a bill that died last session preventing the taking of property in Connecticut for economic development.
At least eight states _ Arkansas, Florida, Illinois, Kentucky, Maine, Montana, South Carolina and Washington _ forbid the use of eminent domain for economic development unless it is to eliminate blight. Other states allow private property to be taken for private economic purposes or have not spoken clearly to the question.
Republican Gov. M. Jodi Rell and House Speaker James Amann, D-Milford, said last week they are interested in revisiting Connecticut's eminent domain laws next year.