Eminent Domain Bill In Louisiana
Louisiana Libertarian has a post that Louisiana has proposed a state constitutional amendment to ban the use of eminent domain for economic development. I am for the banning of eminent domain except for “public purposes” as is Louisiana. The bill, Senate Bill 53 and Senate Bill 10, defines “public purposes” which seems pretty clear to me, of course I am no lawyer.
(2)”Public purposes” shall be limited to a general public right to a definite use of the property: the use of the property for a utility or other common carrier; or the removal of a threat to public health or safety caused by the existing use or disuse of the property. Economic development or any other use of the property by a provate person which may result in an increase in tax revenue or any benefit to the public shall not be considered in determining whether the taking or damaging of property is a public purpose.
There is one other difference between the bills : Senate Bill 10 has a “,” after “definite use of the property” and Senate Bill 53 uses a “:”.
If you lawyers out there have any problems, they should be heard now. We need to monitor the final bill to make sure the language isn’t changed by amendment.
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