Dutchess GOP legislators support prohibition of eminent domain: Mid-Hudson News (Newburgh NY), 9/15/05

Republicans on the Dutchess County [NY] Legislature have announced their support of a resolution that prohibits Dutchess County from acquiring private property for the sole use of private development, for the ability to increase tax revenues, or that would give advantages to one private party. The resolution is in response to the recent ruling by the US Supreme court in the Kilo versus City of New London Case. The issue is regarding the use eminent domain.

“Many county residents have worked long and hard years to acquire their land and are very proud to call it home,” said legislator Shannon Martin-LaFrance of Fishkill. We must ensure that their property cannot be taken for the use of private development that would be unfair and violates the principles of justice.”

The resolution sets a policy that the county can only execute the power of eminent domain for public use that is consistent with the Taking Clause of the Fifth Amendment. As set forth in Justice Sandra Day O’Conner’s opinion in the Kilo v City of New London Case, local governments must always justify and compensate those individuals whose property was assumed through eminent domain.

“There are many property owners in Dutchess County whose property has been in their family for generations,” said Legislature Chairman Bradford Kendall of Dover and Union Vale. “To see this property taken simply to benefit development by one party would be unjust. It is not right, and we can do something about it.”

The resolution which was passed by the legislature’s government services and administration committee will be before the full legislature on Monday, September 19th.

Mid-Hudson News: www.midhudsonnews.com