Probably no decision of the U.S. Supreme Court in recent years has energized people across so wide a spectrum as its decision in Kelo v. City of New London (No. 04-108), holding that local governments could condemn property solely for the purpose of upgrading its economic value. Most Americans have understood that property can be condemned (provided fair payment is given) for an important public purpose. Last year's Kelo decision put property ownership at the mercy of private developers as well. In sum, this time, everyone's property is at imminent risk. (Our view is that this was one of the worst Supreme Court decisions in recent years.)
Around the country and in congress, lawmakers have been at work to keep local governments which haven't been doing this sort of thing (in a number of areas it's been common practice for some time) from starting. The Idaho Legislature was not inactive in this area: Eminent domain was a big topic of discussion last session. Lawmakers produced and passed, without a single dissenting vote, House Bill 555, which blocked Idaho local governments from doing much of what the Supreme Court had suggested they otherwise could. It set out, effectively, "to provide limitations on eminent domain for private parties, urban renewal or economic development purposes."
That seems not to have stopped, however, the backers of the Private Property Rights Protection Initiative, which is still (the days grow short: People now are being paid to circulate the petitions) gathering petition signatures to stave off the effects of the Supreme Court decision. Which would seem to have been effectively staved off already by the legislature. Or is that it's real intent? (more…)