Experts Question Impact of Eminent Domain Measure

WASHINGTON _ Alarmed by a controversial Supreme Court ruling on property rights, the Senate Wednesday approved an amendment to restrict federal funds from being used on private eminent domain projects.

Sen. Christopher “Kit” Bond, R-Mo., introduced the amendment as a tool to prevent private developers from forcing residents from their homes. But legal experts questioned whether it would have much impact.

In June, the Supreme Court ruled 5-4 that local governments may force property owners to sell their homes if the area is to be used for an economic development project deemed to benefit the public.

The ruling drew sharp criticism from federal and state lawmakers, who have since moved on various initiatives to curtail the ability of private developers to invoke eminent domain.

Bond’s measure would prohibit federal transportation, housing and treasury department funds from being used to support any private project seeking to seize private property through eminent domain.

Thomas Merrill, law professor at Columbia University, said Bond’s amendment would have little impact.

“Eminent domain cases are mostly using state money, not federal money,” he said. “In that sense, the practical effects of this may not be that dramatic. I don’t think it will have a huge impact. It’s more of a symbolic statement.”

In a statement, Bond cited the attempted acquisition of private property in Sunset Hills, Mo., by Novus Development Co. The stalled plan to build a shopping center and office complex in what is now a residential area would not be affected by the bill because the company is using local funds for the project, Novus president Jonathan Browne said.

Bond’s amendment would also require the Government Accountability Office and state and local groups to conduct a study on the nationwide use of eminent domain.

Merrill said the study would be a positive step in learning more about the effects of eminent domain on communities.

“I think it’s a totally sound way to proceed. We have so little empirical data on the subject,” he said.

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