Eminent domain proposal creates agency, hurdles

(April 28, 2006) With four bills and a variety of amendments having been proposed this year to address concerns about the use of eminent domain for economic development, the leaders of the Judiciary and Planning and Development committees have now crafted a compromise measure to first be considered by the Senate.

Included in the measure (proposed as an amendment to SB-34) is a proposal to create a new “Office of Ombudsman for Property Owners.” The office would be charged, among other things, with adopting regulations, helping property owners with eminent domain disputes and advising property owners regarding claims against municipalities or other entities with eminent domain powers.

Legal and other resources are also available to property owners regarding eminent domain issues. CBIA is concerned that the creation of a new agency — especially one focused on aiding property owners in eminent domain disputes, will significantly hinder the ability of municipalities to use this important tool for eliminating blight and moving forward with economic development projects beneficial to their communities.

For more information about this issue, contact CBIA’s Eric Brown at browne@cbia.com or 860-244-1900.