Burgesses Weigh Interest In Possible Eminent Domain Ordinance

By Andrew Gorosko

The Borough Board of Burgesses is scheduled to hold a public hearing Tuesday, March 11, to gauge public interest in a proposal to create a borough ordinance that would limit the power of eminent domain.

The hearing is slated for 7:30 pm at the borough office at Town Hall South, 3 Main Street.

Eminent domain is the right of a government to take, or to authorize the taking of, private property for public use, with just compensation being given to the property’s owner. Generally, the power of eminent domain has been exercised by governments to create locations for public facilities, such as roads, schools, or parks.

The burgesses have been reviewing the concept of having a borough ordinance limit the power of eminent domain, according to borough Warden James Gaston, who heads the Board of Burgesses.

The hearing is intended “to take the pulse of the people of Newtown to see whether there’s a concern and an interest” in creating such an ordinance, Mr Gaston said.

The burgesses’ intent is to create a law to protect private property from being taken by a government and then provided to a private land developer for the purpose of economic development, he said.

That was the prime issue in the case of Kelo v. City of New London. In 2005, the US Supreme Court ruled that New London, Conn., could legally use its power of eminent domain to transfer land from one private owner to another private owner for the purpose of economic development.

In that case, the city had condemned some private real estate so that it could be transferred to another private owner to become part of a major economic redevelopment project. The Supreme Court ruled that the government’s transfer of property from one private owner to another private owner was justified due to the prospect of local economic growth.

That court ruling drew widespread public criticism as being a violation of private property rights.

In view of the burgesses’ concerns about the implications of Kelo v. City of New London, the burgesses propose that certain restrictions and requirements be placed over eminent domain takings in the borough by the borough government, by the town government, or by any other government.

The burgesses want to know whether there is public interest in creating such a borough ordinance, Mr Gaston said.

If there is interest, the burgesses would refer the matter to the Board of Selectmen, the Legislative Council, and the Economic Development Commission for their review and advice on the topic, Mr Gaston said. Creating a borough ordinance on eminent domain would be a lengthy process, said Mr Gaston, who is an attorney.

In 2005, Economic Development Commission members recommended that the town government observe a self-imposed moratorium on using the power of eminent domain to transfer property from one private owner to another private owner.