Eminent Domain Is Dead

At least for now.  Gov. Barbour has vetoed the bill, where will the legislature go from here?

The bill would not have restricted the government’s use of eminent domain for public use, including drainage, utilities or colleges and universities.

Barbour has said the bill is “fatally flawed,” and that property owners can go to court to fight government seizures, however the bill passed the Republican-majority Senate unanimously, with only three House votes against it. That high rate of approval among the legislature may hand Barbour his first veto override, as the Jackson Free Press reported earlier this month,

“The U.S. Supreme Court says they can take your property and turn it over to a developer and use the commercial property to get more taxes out of it, but eminent domain should be used only when it’s absolutely necessary,” said Public Property Committee Chairman Jack Gordon, D-Okolona, when the bill was sent to the governor earlier this month. “I heard (Barbour) may veto it, but it’s a House bill and I think the House would override it, and I’m sure the Senate would override it on that issue too, because it passed with an overwhelming vote.”

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