Wednesday, January 24, 2007
BOLAND-SPONSORED LAW PROTECTS HOMEOWNERS FROM EMINENT DOMAIN
Legislation States Property Taken Must Have Public Benefit
MOLINE – Illinois law is now a leading example of stronger protections against property taking through eminent domain, due to legislation sponsored by state Rep. Mike Boland, D-Moline. Senate Bill 3086 makes it more difficult for government entities to occupy private property through eminent domain and went into effect on January 1, 2007.
“Just because the federal government has made a ruling, does not mean that Illinois cannot step up our protections a little higher,” Boland said. “This law is important because while we want to improve economic development in our local communities, we must also respect and protect the holdings of private landowners.”
In the case of ‘Kelo v. New London,’ the U.S. Supreme Court held that governments could use their eminent domain powers to transfer the land of one individual to another for private or public development. To protect against the major risk this ruling posed to landowners in Illinois, Rep. Boland worked with a bi-partisan group of legislators to pass SB 3086, ensuring that property can only be taken in Illinois under very specific conditions.
“An individual’s land is their investment and often their livelihood,” Boland said. “Illinois must be very clear about when and why land can be taken. I will continue working to ensure that the property rights of local residents are secure.”
According to SB 3086, the exercise of eminent domain power and the proposed use of the property must be consistent with a regional plan set out within a certain time and only for public, not private, benefit. Property owners must be properly compensated for costs associated with relocation, and specifications are laid out for recouping attorneys’ fees, setting valuation dates, and tightening the definition of “blighted” property.
This legislation was supported by the Illinois Farm Bureau, Illinois Realtors Association, Illinois Home Builders Association, National Federation of Small Businesses, United Food and Commercial Workers, and the AFL-CIO.
MOLINE – Illinois law is now a leading example of stronger protections against property taking through eminent domain, due to legislation sponsored by state Rep. Mike Boland, D-Moline. Senate Bill 3086 makes it more difficult for government entities to occupy private property through eminent domain and went into effect on January 1, 2007.
“Just because the federal government has made a ruling, does not mean that Illinois cannot step up our protections a little higher,” Boland said. “This law is important because while we want to improve economic development in our local communities, we must also respect and protect the holdings of private landowners.”
In the case of ‘Kelo v. New London,’ the U.S. Supreme Court held that governments could use their eminent domain powers to transfer the land of one individual to another for private or public development. To protect against the major risk this ruling posed to landowners in Illinois, Rep. Boland worked with a bi-partisan group of legislators to pass SB 3086, ensuring that property can only be taken in Illinois under very specific conditions.
“An individual’s land is their investment and often their livelihood,” Boland said. “Illinois must be very clear about when and why land can be taken. I will continue working to ensure that the property rights of local residents are secure.”
According to SB 3086, the exercise of eminent domain power and the proposed use of the property must be consistent with a regional plan set out within a certain time and only for public, not private, benefit. Property owners must be properly compensated for costs associated with relocation, and specifications are laid out for recouping attorneys’ fees, setting valuation dates, and tightening the definition of “blighted” property.
This legislation was supported by the Illinois Farm Bureau, Illinois Realtors Association, Illinois Home Builders Association, National Federation of Small Businesses, United Food and Commercial Workers, and the AFL-CIO.
