Assembly OKs eminent-domain policy

July 22, 2005

DARRELL L. BREESE\Frontiersman reporter

PALMER - Troubled by the U.S. Supreme Court's recent ruling governing the use of eminent domain, the Mat-Su Borough Assembly unanimously passed a resolution Tuesday limiting the borough's powers to use the action.

The Supreme Court ruled last month in a 5-4 decision that the city of New London, Conn., may take private property for the simple reason of economic development, stating that eminent domain, or the condemnation of property, may be used by local governments for purposes other than building public roads or schools. It expanded the definition to allow use of the powers for private development deemed in the best interest of the community.

The assembly's resolution requires the borough to obtain specific approval from the assembly when it uses eminent-domain powers to acquire property. This approval must be granted before the borough takes any action.

"The Supreme Court ruling caught a lot of people by surprise," said Jody Simpson, sponsor of the resolution. "Most people I've talked to agreed with the minority opinion of the court."

It was the minority Supreme Court opinion that the decision made by the court declared open season on homeowners.

"Under the banner of economic development, all private property is now vulnerable to being taken and transferred to another private owner, so long as it might be upgraded - i.e., given to an owner who will use it in a way that the legislature deems more beneficial to the public - in the process," Justice Sandra Day O'Connor said in the minority's dissent.

Simpson was joined by fellow assembly members Bill Allen and Talis Colberg in drafting the resolution, which established guidelines for the borough's future eminent-domain issues.

The intention of the resolution was to adopt a policy that eminent domain should only be used by the borough for a public purpose and that all eminent-domain actions be approved by the assembly.

"It's a much-needed guideline to have in place," Assembly Member Jim Colver said. "It helps protect the rights of property owners."

Anchorage adopted a similar resolution last week.