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News and Information Article
SPRINGFIELD, Ill., Feb. 15 // -- The Illinois Association of
REALTORS(R) (IAR) today urged enactment of new state protections for private
property owners when local governments want to take their property for
economic development purposes.
The Association called on the Illinois Senate Executive Committee to
approve and send to the Senate floor SB3086, the Equity in Eminent Domain Act,
saying the measure is needed to prevent abuses that could occur as a result of
a U.S. Supreme Court ruling last year.
"Eminent domain is already among the most awesome powers of government,
and we must do everything possible to protect the rights of private property
ownership," said REALTOR(R) Stan Sieron, president of IAR and a Belleville
broker-owner. "Eminent domain should be defined as narrowly as possible so
that it is restricted to truly public purposes."
SB3086 was introduced to address concerns that were identified during
public hearings Senator Susan Garrett (D-Lake Forest) convened following the
controversial June 2005 U.S. Supreme Court ruling, Kelo v. City of New London,
which expanded the governments use of eminent domain. Eminent domain is the
government power to take private property for public use with compensation
paid to the displaced owner. It has traditionally been used to build roads,
water treatment facilities, utility infrastructure, parks and similar
projects.
But Kelo went farther, saying government could condemn homes or other
private land for private redevelopment projects -- essentially taking land and
turning it over to other private owners. The Kelo decision triggered a strong
backlash from people of diverse political philosophies, who believe it allows
an abuse of government authority.
The Illinois legislation enjoys strong bipartisan backing and the support
of a growing coalition of organizations from across the spectrum. The
measures primary sponsors are Democratic Sen. Susan Garrett of Lake Forest
and Republican Dan Cronin of Elmhurst, who introduced the measure after
holding hearings on the issue last year. Additional senators recently have
signed on as co-sponsors, including Democrat Jacqueline Collins of Chicago,
and Republicans John Millner of St. Charles, William Peterson of Buffalo
Grove, and Todd Sieben of Geneseo.
Illinois already requires that private property be deemed "blighted" to be
taken by the government for private redevelopment, but the current definition
of "blight" is broad and ambiguous. Additional clarification of "blight" is
needed to prove that a parcel of land is actually "blighted." Senate Bill
3086 would shift the burden of proof to municipalities to prove that the
property in question is actually "blighted." And it would ensure that property
owners displaced by eminent domain for private redevelopment are fairly and
fully compensated -- not only for their land, but for relocation expenses and
legal fees.
"Senate Bill 3086 will provide enhanced protection and compensation for
private property owners yet still allow the government to redevelop blighted
property," Julie Sullivan, the IARs assistant director of governmental
affairs, told the Executive Committee.
"Whether the government wants to take land for a new strip mall or condemn
the home of a senior citizen for new condos, it must be required to pass the
most stringent test possible to exercise this extraordinary power," Sullivan
told the panel.
The measure would NOT, as some municipalities have claimed, end local
redevelopment efforts, Sullivan said.
Key provisions of the measure include the following:
-- In light of the Kelo decision, distinguishes economic development from
traditional public use.
-- Shifts the burden of proof to government to prove private property is
blighted in condemnation proceedings.
-- Adds language requiring compensation to be paid to displaced property
owners for relocation and other costs rather than leaving it to the
discretion of the condemning government.
Other organizations supporting the measure include the Illinois Farm
Bureau, Home Builders Association of Illinois, Chicagoland Chamber of
Commerce, Illinois State AFL-CIO, United Food and Commercial Workers, National
Federation of Independent Business and the Outdoor Advertising Association of
Illinois.
The Illinois Association of REALTORS(R) is a voluntary trade association
whose 59,000 members are engaged in all facets of the real estate industry. In
addition to serving the professional needs of its members, the Illinois
Association of REALTORS(R) works to protect the rights of private property
owners in the state by recommending and promoting legislation that safeguards
and advances the rights of real property ownership.
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