Gov. Sonny Perdue has proposed a constitutional amendment to protect property owners from having their land seized by government for less-than-legitimate purposes.

Governments would no longer be allowed to seize property for redevelopment purposes unless it would “eliminate an existing affirmative harm to the community from blighted property as strictly defined,” Perdue’s office explained in a news release.

No longer would government agencies or their affiliated bodies — such as development and housing authorities — be able to use eminent domain power to seize property so it can be sold to a private developer or another way to increase tax revenue.

A recent U.S. Supreme Court decision affirmed the right of a local government in Kelo, Conn., to seize property and then sell it to a developer on the theory that it would improve property tax revenues due to the new structures that would be developed.

Perdue wants the state constitution to be amended to prohibit the use of eminent domain for redevelopment; it also would forbid non-elected housing and development authorities from utilizing eminent domain.

Any use of eminent domain to condemn blighted property would also require a vote of the local city or county the property is located. And such condemnations would be allowed only if the overall property condition results in “ill health, transmission of disease, infant mortality, juvenile delinquency or crime; property could not be condemned for being “aesthetically displeasing, substandard or deteriorating,” officials said.

Under Perdue’s plan, cities and counties would still be allowed to seize property for:

• Government buildings, schools and parks.
• Creation or functioning of utilities.
• Opening roads or channels of trade/travel.
• Alleviating blighted properties/removing public nuisances.
• To settle title issues between persons, with the consent of all known parties.

“The government’s awesome power of eminent domain should be used sparingly and never be abused for private benefit,” said Gov. Sonny Perdue. “Government must always respect the property rights of its citizens.”

Perdue also wants property owners to have the right to buy their seized property back at fair market value if it is not utilized for the stated use when the property is seized. Attorney’s fees could also be awarded to property owners if the court ultimately rules in their favor in a legal action under the governor’s proposal.

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