EHRHART, WILES LEAD CHARGE AGAINST GOVERNMENT'S POWER TO SEIZE LAND

Tuesday, March 1, 2005 ~ Marietta Daily Journal

   By Aaron Boca - Marietta Daily Journal Staff Writer

ATLANTA - After the withdrawal of a bill last month that may have given governments the power to seize private property in the name of economic development, some state lawmakers are pushing efforts to put brakes on the ability of local authorities to take private land.

The issue of eminent domain - or the government's power to seize land at a fair market price for public projects - seems to have come 180 degrees in this year's General Assembly.

The power of government to seize private land, some lawmakers say, needs to be restricted.

However, some local government officials say eminent domain is already used sparingly and as a last resort. The power to take land for a public need, they say, is an important tool to build schools, roads or even redevelop blighted city areas.

"No one likes eminent domain. But in reality sometimes it's the only option there is when there's a public need," said Marietta Mayor Bill Dunaway.

A series of bills introduced in the Legislature this year - two sponsored by Cobb Republicans - would either tighten or outright prohibit the powers of some governments from taking private property.

Sen. John Wiles (R-Kennesaw) introduced a bill that would put restrictions on local school boards from taking land for new schools, provided there is other suitable land for sale within three miles of a targeted site.

Wiles' bill also would require a school district to hold at least three public hearings on a potential land seizure before it could take place.

According to his bill, at least one of the hearings would have to be held no earlier than 6 p.m. to give residents who cannot leave their jobs during the day a chance to speak.

"Eminent domain is supposed to be used as a last resort. Unfortunately, the way I see it eminent domain is now becoming the first resort (of local governments)," Wiles said after introducing his bill.

Wiles said he introduced his bill because of the attempt by Cobb schools to seize the land of Fred and Louise Maloney, and their neighbors, in west Cobb as a site for two new schools.

On Feb. 11, the school board voted 5-2, with board members Johnny Johnson and Lindsey Tippins dissenting, to ask a Superior Court judge to intervene in the case and force the Maloneys to allow the school system to survey the land.

"When we see an elderly couple like that being pushed off their land I think eminent domain has gone too far," Wiles said.

He said his bill is scheduled to be assigned to a House committee Wednesday.

Cobb school board Chair Kathie Johnstone said the school system is keeping an eye on what the Legislature does concerning eminent domain.

However, she referred calls to the school system lobbyist Mike Campbell. He was not available for comment Monday afternoon.

In addition to Wiles' bill, Rep. Earl Ehrhart (R-Powder Springs) is sponsoring legislation calling for a state Constitutional amendment that would prohibit government from seizing property and transferring it to a private company for the purpose of economic development.

"It shouldn't be easy for government to take your property. And I sure as heck don't want government taking my property so someone else can profit from it," Ehrhart said.

He said he signed on as a sponsor of the proposed amendment because of publicity surrounding a case in New London, Conn., where private property was taken by the government to make way for new development.

"There is nothing more basic in this country than private property rights," Ehrhart said. "There is a balance that has to be struck. But not if some private company is going to profit."

Ehrhart said governments would still have the power to seize property for roads, public buildings and public utility improvements under his bill.

The bill, however, would restrict the power of eminent domain to government entities only. Currently in Georgia, utility companies and railroads also may seize private land for their own purposes.

Attempts to reach Georgia Power for comment were unsuccessful.

Ehrhart said he expects utility companies will be opposed to the bill he supports.

Because the resolution calls for a Constitutional amendment, Ehrhart said the House resolution will not be decided until next year's legislative session. If it is eventually adopted, next year is the soonest the measure could be put on a general election ballot.

In addition to the proposed Constitutional amendment, another bill is making its way through the Senate that also would prohibit governments from seizing private property for economic development projects, at least in most circumstances.

Both efforts could interfere with the economic-development efforts of local governments, Dunaway said.

"I sincerely hope we never have to use the power of eminent domain. But if there is a greater public good that's served, I would hate to see the power taken away (from local governments)," Dunaway said.

He said restricting Marietta's eminent domain power could hamper the city's efforts to redevelop projects in the Franklin Road area.

Eminent domain, he said, has not been used for the project. But property owners, he said, are often willing to negotiate to avoid eminent domain proceedings.

"The power of eminent domain can sometimes bring people to the (negotiating) table that might not otherwise be willing to talk," Dunaway said.

abaca@mdjonline.com

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