Yearly Archives: 2009

Mississippi Senators voted Thursday to uphold Gov. Barbour’s veto of HB 803. Although 28 Senators voted in favor of overriding the veto, 22 Senators voted to sustain the veto and the required two-thirds majority vote for an override was not met. This is a dramatically different result than the unanimous vote just a few weeks ago in favor of HB 803 .

Next Tuesday, IJ will hold a press conference on the south steps of the Texas State Capitol at which time IJ will release its mid-term report card on the state’s legislative proposals to reform eminent domain laws. Texas property owners from Freeport, El Paso, San Antonio and Houston who have been affected by eminent domain are expected to join the conference.

Tuesday, the Mississippi House voted 101-19 to override Gov. Barbour’s veto of HB 803 that would limit the use of eminent domain to direct public purpose. A two-thirds majority of 80 votes was needed to override the veto in the House. The Senate will most likely vote Thursday on the measure. Again, a two-thirds majority would be needed to override the veto.

Jackson, Mississippi – Despite overwhelming bipartisan support in both the Mississippi House and Senate for statutory eminent domain reform in the state, Gov. Haley Barbour returned HB 803 to the House without his approval yesterday. For his full statement and reasons for the veto visit the Governor’s website here.

The Mississippi Business Journal Online published the following article on March 20th regarding eminent domain legislation recently passed by the Mississippi Legislature in favor of private property ownership.

Barbour promises veto of HB 803
by Clay Chandler

In a release dated yesterday, the Associated Press reported that the Mississippi Legislature has given its final approval on HB 803 which would restrict the government’s use of eminent domain in private to private transfers. HB 803 is now before Governor Haley Barbour who has not yet indicated whether he would sign it into law or veto it. Gov. Barbour has indicated that he does not want to limit Mississippi’s ability to pursue large economic-development projects, like Toyota.

In a story published March 9, 2009 (“Gore might sell land for marina, after all”) by The Facts, Nathaniel Lukefahr reports that Wright Gore, III has begun negotiating with the various parties involved in the ownership of his family’s business, Western Seafood Co., to reorganize the business and the property on which it operates so that the property can be sold to the Freeport Economic Development Corporation (FEDC) for the marina project it began over 6 years ago.

Source: Alaska State Legislature’s House MajorityJuneau, Alaska – The Alaska State House today unanimously passed House Bill (HB) 49, legislation that strengthens Alaska property rights by adding permanent recreational structures to the inaccessible list for the exercise of eminent domain by local governments for the purpose of recreational development. Eminent domain could still be exercised for the purposes of economic development, like building schools, roads or utility infrastructure/upgrades.

NORFOLK, VA — Trial began yesterday in Norfolk Circuit Court regarding a condemnation action initiated by the Norfolk Redevelopment and Housing Authority (NRHA). A year ago, the NRHA sought to acquire 1 residential property and 3 commercial buildings by eminent domain as part of Old Dominion University’s (ODU) proposed redevelopment master plan. ODU claimed these properties were “blighted.” However, OCA member, Joseph Waldo, the attorney representing the property owners, has argued otherwise.

Yesterday, Reason Magazine posted a report by Trey Garrison about private property owners who are fighting the Army’s attempts to seize their ranches in Piñon Canyon, Colorado. The Army argues that the property is needed for the expansion of the Piñon Canyon Maneuver Site. Property owners, local communities and politicians oppose the takings arguing that the land grab would devastate local economies and the +$20 million annual agricultural and cattle industry in the region.