State Senator Eric D. Coleman
June 1, 2007
Coleman Helps to Gain Passage of Eminent Domain Bill to Protect Homeowners
The co-chair of the General Assembly's Planning and Development Committee, Senator Eric Coleman (D-Bloomfield) played a key role in getting the Senate to pass an eminent domain bill that helps to protect homeowners from losing their property. The legislation is a direct result of the U.S. Supreme Court ruling in 2005 that allowed New London to seize homes for a waterfront redevelopment project.
The legislation has a number of tough new provisions that municipalities must satisfy before taking a private property for public purposes. One section prohibits the taking of property by eminent domain for the primary purpose of increasing local tax revenues.
"This legislation provides a number of protections for private property owners," said Senator Coleman. "It also preserves a vehicle to be used by urban centers and other communities, who have a scarce amount of land available that can be developed to assist in their efforts to revitalize and to reinvigorate their communities."
Senate Bill 167 has a number of important provisions:
- Prohibits taking property by eminent domain for the primary purpose of increasing local tax revenues,
- Requires the town legislative body to (a) hold a public hearing and make certain findings about taking property and (b) approve proposed takings by a two-thirds vote of its members,
- Prohibits an agency from taking property five years after the legislative body approves the plan unless certain conditions are met,
- Gives the former owner of property taken by eminent domain the right of first refusal to buy it back if it is not used for its intended purpose or another public purpose.
"As a result of the deliberative approach that we engaged in, we were able to reach a compromise on this issue," said Senator Coleman. "In terms of protecting property owners, I think it is fair to say this bill provides an increased amount of scrutiny, transparency and accountability that becomes attached to the eminent domain process. That includes the requirement for a two thirds vote for the approval of the exercise domain powers by the legislative body, increased requirements of notice and opportunities for public hearings, as well appeal rights for the owners of property."
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