Eminent Domain
Issue Overview: Increasing the power of government takings of private land for economic development has been a hot topic since the landmark Kelo vs. New London U.S. Supreme Court decision this past summer. The ruling sparked controversy across the nation and has led to actions by local and state governments to pass laws prohibiting such actions. This will be a major topic in Oklahoma this legislative session. The Senate and House have held interim studies on the issue and should release their reports in January 2006. Debate has centered around redefining terms such as "blight," "public use" and "fair compensation," to name a few.
Impact on Small Business: Many times we have seen large retailers attempt to make a deal with a local municipality to create a "super store" in their community. The process inevitably involves the invoking of the eminent domain law and becomes a long, costly process resulting in thousands of dollars of legal fees and lost business for those affected.
NFIB Position: Our members have told us overwhelmingly through the ballot process that they do not want to increase the government's power to take private land.
Issue Status: When the House and Senate interim studies are complete, bills will be drafted and filed.
What Can You Do? Send us any eminent domain horror stories. We will use them, with your permission, to get our message across to legislators. Always contact your legislators and let them know your feelings. A handful of calls from Main Street small businesses have a powerful impact on the way they vote.
