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Hinkle wants to protect
property owners from
eminent domain abuses
13th
District legislator supports three important reforms
Rep. Bill Hinkle
wants to protect property owners from eminent domain abuses at the hands
of governments and courts and believes this can be done by passing three
important reforms.
Eminent domain is the power governments have to forcibly take private
property as long as it is for a legitimate public use and property
owners receive “just compensation.” Public use has traditionally meant
roads, waterways, parks and other projects for the use of the public
with equal access. Hinkle says the problem is over the past few years
public use has been interpreted more broadly.
“We’re seeing more and more eminent domain cases where private parties
benefit substantially from government seizures of private property under
the banner of economic development or urban redevelopment,” said Hinkle,
R-Cle Elum. “Courts are using the term public interest to enable
governments to take property from one owner, who is often small in a
financial sense and powerless, and transfer it to another owner – all in
the name of economic development, urban renewal or job creation. This
has to stop.”
Senate Bill 5444 and a similar
bill in the House would require public agencies to mail a certified
letter notifying property owners of any meeting to take action on
acquiring their land. These types of notices would also have to be
published in local newspapers. The measures are sailing through the
Washington State Legislature, but Hinkle believes they only address the
periphery of the problem.
“These bills are common sense and many people will be alarmed to know
that the provisions are not already set into law. As you would expect,
they have broad bipartisan support,” said Hinkle. “But we must go above
and beyond this idea if we are going to begin to address eminent domain
abuses and protect property owners in meaningful ways.”
Hinkle believes three reforms will help protect property owners from
eminent domain abuses.
· A constitutional amendment limiting the power of eminent domain;
· Limiting takings only for public use and prohibiting takings for
economic use; and
· Giving previous owners a first right to reacquire their former
property.
“A constitutional amendment is a big step, but it can be done. It’s all
about the will of the people – and I believe their collective will is
strong on this issue. It will require a vote of the people,” said
Hinkle. “I also understand there will be measures introduced soon that
would attempt to clarify the definition of public use and ensure that
people who have their property confiscated have the first right to
reacquire it should the government not use it for its intended purpose
of public use.”
Hinkle believes there are important purposes and public uses for some
eminent domain cases, but too many potential abuses loom in the future.
“America’s founding principles are grounded in the idea of private
property. It is private property that allows people to exercise other
rights, enjoy liberty and invest in their futures,” said Hinkle. “Until
we pass state laws that are clear and unambiguous, we will continue to
see court decisions that jeopardize property owners’ rights.”
Hinkle can be contacted at (360) 786-7808 or hinkle.bill@leg.wa.gov.
For more information on Hinkle visit: http://www.houserepublicans.wa.gov/Hinkle/
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