Michigan Votes Forum

Introduced in the House on September 13, 2005

Click here to view bill details.

Good move. Think the members of the USSC were sitting on their brains when they issued this decision.

Let's put some teeth into this: 1. Property taken for public use via eminent domain may only be used for public purposes, for which the public will have physical access. 2. Property seized via eminent domain will be compensated at three times the fair market value as determined in a jury trial. 3. The owner or heirs of property seized by eminient domain shall be able to redeem it at the amount of compensation originally received should the property offer it for sale to any party for twenty-five years after the seizure. That should slow down the land thieves oppressing citizens.

Problems - (1) The taking of private property and transfer to a commercial interest has been determined to be a public use/purpose. Your restriction allows Wal-Mart and Meijer; it just restricts new housing on the site in question. (2) This is probably unconstitutional. Regardless, at least historically, the owners of property that has been condemned usually don't fight for more money for the reason that the jury will be made up of the very taxpayers who are footing the bill. (3) You might have something, here. But what will happen is that some smart lawyer will simply draw up a "lease" that will transfer all ownership rights other than title. Money players will simply contract the property based on a promise to transfer title after the encumbered period has passed.