Sane Eminent Domain

---by Rep. Maureen Mooney, Merrimack

The NH House and Senate have been working overtime on tightening up the statutes regarding eminent domain in light of the Kelo decision. After a joint meeting on October 11, 2005 with the Senate and House Task Forces on Eminent Domain, it is clear that the majority wants to define the term "public use" in the RSA's. At the same time, we want to ensure that private economic development is never a reason for a taking.

The term "public use" will serve as the basis for all necessary eminent domain takings. The definition will explicitly define what constitutes public use (e.g., possession by the general public or removal of structures unfit for human habitation) and what does not constitute a public use (e.g., an increase in tax revenue or employment).

In addition to statutory changes, a group of representatives and senators have been working on a constitutional amendment. The amendment will codify in Part I, Article 12 that the power of eminent domain shall not be used to transfer property for private use or economic development. The amendment will complement the statutory changes therein.

While New Hampshire already has existing safeguards to protect property rights, both the statutory change and constitutional amendment will further protect the fundamental constitutional right to own property here in New Hampshire.

Hon. Maureen Mooney Hillsboro District 19