County implored to restrict municipal land grabs

The Daily Inter Lake

Prompted by concerns about overly aggressive local governments, the Flathead County commissioners are being asked to restrict their ability to use eminent domain.

State Sen. Bob Keenan, R-Bigfork, presented the request to the commissioners last week, with a petition and sample resolution.

The resolution stated that the county "recognizes that the rights of property ownership are the lawful foundation upon which life, liberty and the pursuit of happiness depend," and that "the right of property ownership as guaranteed by the United States and Montana constitutions are inviolate."

Keenan's request stemmed from the public outcry that occurred after a U.S. Supreme Court ruling during the summer that upheld a local government's authority to seize about two dozen older, private homes in New London, Conn., to make room for an upscale private development project.

The ruling left people around the country wondering if they, too, could be forced out of their homes to make way for some governmental improvement scheme.

(A redevelopment authority in Philadelphia used its power of eminent domain in 2003 to seize a private home and clear a path for a private religious school in a blighted neighborhood. On Monday, a state appeals court ruled that that action violated the separation of church and state.)

A recent Associated Press story indicated that about 40 state legislatures are considering new restrictions on the use of eminent domain, specifically as a result of the Supreme Court ruling in June.

Keenan said he expected the Montana Legislature to take similar steps during its next session in 2007. He suggested that the county commissioners get a jump on that by restricting their use of eminent domain now.

Rep. George Everett, R-Helena Flats, said he also had received a number of calls from people concerned about this issue.

The commissioners appeared to agree with Keenan's request, though they suggested that the wording of the resolution needed to be a little more specific.

"This [sample resolution] appears to say that we agree with the U.S. and Montana constitutions, which of course is true," Commissioner Joe Brenneman said.

The commissioners indicated that they would ask the County Attorney's Office to look at this issue and propose some appropriate, specific language.