The President may have breathed some new life into the fight against Kelo. From Jurist:
President Bush issued an executive order Friday directing that US federal agencies and government departments may not seize private property unless the taking is for public use "and not merely for the purpose of advancing the economic interest of private parties." Bush's order instructs the US attorney general to ensure that all federal entities limit the use of the government's eminent domain power to the taking of private property for projects such as government offices, parks, hospitals, and roads.
While this is a good step, remember that this only has an impact on federal agencies. Local and state governments have been the most active in using eminent domain for development and targeted economic developments plans, such as corporate relocations. From the NFIB's Executive Director Dan Danner:
While this is an important first step, still more needs to be done in order to avoid the slippery slope of seizing private property in the name of economic development: narrowly defining 'public use;' making 'just compensation' truly just; and discouraging the taking of private property except for when the government truly needs it.
Small businesses should not have to fear that their business could be seized by the government in order to promote increased economic development. In addition to the executive order, small-business owners urge the members of the Senate to follow the lead of their colleagues in the House and pass legislation on this vital issue.
Leadership and renewed publicity helps on an issue like this. We still need to push ahead at the state and local levels to finally counter the impact of the Kelo Decision.
The full text of the executive order can be found here.
