Eminent domain reform in Mississippi has been vetoed by Gov. Barbour. The reason? He believes eminent domain is necessary for economic development…even though eminent domain reform in other states has had no effect on economic development.
From the IJ press release:
It is too bad that before Mississippi Governor Haley Barbour vetoed H.B. 803—eminent domain reform that passed overwhelmingly by both houses of the state legislature—that he did not read the Institute for Justice’s report, “Doomsday? No Way: Economic Trends and Post-Kelo Eminent Domain Reform.” If he had, the governor would have learned that states can pass strong property rights protection reforms and have economic development, too.
The report is available at www.ij.org/images/pdf_folder/other_pubs/doomsday-no-way.pdf.
“Simply stated, this study reveals that reforms passed after 2005’s infamous Kelo eminent domain decision from the U.S. Supreme Court have provided greater protection to homes and small businesses without sacrificing economic health; securing property rights and stimulating economic development can coexist,” said Dick Carpenter, director of strategic research for the Institute for Justice. “With no ill economic effects—and with the substantial benefits strong reform provides the rightful owners of property and society as a whole—legislators nationwide should be encouraged to keep good reforms in place while pursuing new and stronger safeguards against eminent domain abuse.”
But yesterday, Gov. Barbour vetoed Mississippi’s eminent domain reform, which would have prohibited the use of eminent domain for private development or for increasing tax revenue.
But yesterday, Gov. Barbour vetoed Mississippi’s eminent domain reform, which would have prohibited the use of eminent domain for private development or for increasing tax revenue.
“Gov. Barbour’s veto is outrageous. It leaves property owners across Mississippi vulnerable to the abuse of eminent domain,” said Scott Bullock, senior attorney for the Institute for Justice, the national public interest law firm that argued before the U.S. Supreme Court on behalf of Susette Kelo. “Mississippi is just one of seven states in the nation that has failed to reform its eminent domain laws.”
H.B. 803 would have provided solid protection to property owners in Mississippi from eminent domain abuse. The bill prohibits the taking of private property for private development, for increasing tax revenue or in order to convey it to another private party with the exception of the planned Blue Springs Toyota plant. The bill also tightens the definition of urban blight.
Much more on this here.
UPDATE: Early this afternoon, the Mississippi House voted to override the governor’s veto 99-20 101-19. It now goes to the 52-member Senate, which will vote either later today or tomorrow.