Senate bill to protect private property

OLYMPIA - The Senate passed bill 5077, prohibiting the use of eminent domain for economic development.

The bill, co-sponsored by Sen. Janéa Holmquist Newbry, R-Moses Lake, was brought to the Senate in response to a request by Attorney General Rob McKenna.

Holmquist Newbry stated the use of eminent domain for economic development is, "A gross violation of every Washingtonian's property rights."

McKenna called for a Senate measure after the US Supreme Court ruled in the Kelo vs. City of New London case in 2005.

The city of New London, Conn., seized the home of Susette Kelo and turned it over to Pfizer Incorporated and a private developer. The neighborhood is currently vacant and undeveloped.

"The Fifth Amendment to the U.S. Constitution says private property shall not be taken for private use," Holmquist-Newbry stated. "However, the US Supreme Court has defined 'public use' so broadly that government can take a citizen's property for whatever purpose it chooses, even if it is just to sell it to a private developer or even another private citizen."

Following the Kelo vs. City of New London decision, 43 states changed their eminent domain laws, Senate Bill 5077 adds Washington to the list.

"This bill gives some assurance to private property owners that they will not have their land confiscated simply because some developer has more sway with a public official than them," Holmquist-Newbry stated. "Economic development should never be the deciding factor when initiating a condemnation action."

Senate Bill 5077 now heads to the House of Representatives for referral to a policy committee.