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Text SizeGovernor Perdue Announces Legislation to Protect Private Property Rights
Prepared Remarks of Governor Sonny Perdue
Governor Perdue Announces Legislation to Protect Private Property Rights
State Capitol, Atlanta, GA
Wednesday, February 8, 2006
(Note: The Governor sometimes deviates from prepared remarks)
Good morning and thank you all for coming.
Today I stand with House and Senate leaders to announce two proposals that will secure the private property rights of Georgians against abuses of the power of eminent domain.
Our nation's founders recognized that private property rights are at the foundation of a free society.
They placed strict constitutional limits on the power of the government to condemn and take private property from an unwilling seller.
One important limit is that private property can only be taken by the government for a public use.
But last year, as you know, the U.S. Supreme Court stretched that protection beyond recognition.
The Court ruled that the Constitution allows the government to use eminent domain to take property from one private owner and give it to another private owner for redevelopment, calling the increased tax value a “public use.”
Georgians were rightly outraged by this decision.
But the Court's decision also invited the states to enforce stronger protections of private property rights than the Court itself.
Today Georgia is accepting that invitation.
After hearing from the people of Georgia , and conferring with local governments and the legislature, I am today proposing a Private Property Protection Amendment to the Georgia Constitution.
This amendment will do two important things to secure our private property rights.
First, it removes the power of eminent domain from non-elected housing and development authorities. This will ensure that these takings decisions are made by elected officials who are accountable to the people for their actions.
Our democratic power at the ballot box is the ultimate check and balance against any abuse of eminent domain.
Second, the amendment prohibits the use of eminent domain for redevelopment purposes.
We will provide a narrow exception to allow condemnation of blighted property that presents a concrete harm to the community.
That would include, for example, property that is a public safety hazard by contributing to transmission of disease, infant mortality, juvenile delinquency or crime.
To flesh out the protections of the amendment, I am also introducing today the Private Property Protection Act.
This bill represents a comprehensive reform of eminent domain in Georgia . It will prohibit using eminent domain for economic development or to increase tax revenue.
It will also provide private property owners with stronger due process rights in eminent domain proceedings. These include:
- · increased notice requirements
- · award of attorney's fees to property owners who prevail on appeal
- · additional damages for relocation expenses and lost business revenues
- · and the right of owners to repurchase their condemned land if it isn't used for the public purpose for which it was taken.
In addition, the bill puts the burden of proof on the government to show that a proposed eminent domain taking is legal.
The government's awesome power of eminent domain should be used sparingly and never be abused for private benefit.
I look forward to working with Speaker Richardson and President Pro Temp Johnson to guide these proposals through the legislative process.
I ask our legislators to submit a Property Protection Amendment to the voters of Georgia for their approval and to return a strong bill to my desk that reflects the will of Georgians that their government must always respect the property rights of our citizens.