General Assembly poised to approve measure protecting property owners         

[APRIL 24, 2006]  SPRINGFIELD -- The Illinois House recently approved legislation that would make it more difficult for local governments to condemn and seize private property through the use of eminent domain, reported state Sen. Larry Bomke, R-Springfield.

Senate Bill 3086 flew out of the House Wednesday, but the legislation must still be approved by both the Senate and Gov. Blagojevich before it becomes law. The proposal restructures the current eminent domain process and provides property owners with more protections.

Bomke explained that the measure sets substantially higher standards for state and local governments to meet when attempting to confiscate private property for economic development. If property is seized, the property owners would be eligible for more money than they are currently reimbursed, and the government would be required to pay relocation costs for the previous owner and reimburse some of the private property owners' legal fees.

The measure was introduced in response to a U.S. Supreme Court decision that allows local governments to take private property and give it to private developers for improvement; in the past municipalities could invoke eminent domain only for public use.

The court also ruled that the burden is on local governments to prove the property seizure is necessary or beneficial to the community. Under the provisions of Senate Bill 3086, municipalities would be required to prove that land meets certain conditions before it can be seized.

"After the Supreme Court's decision, it became important for the Legislature to establish rules that not only protect the rights of private property owners, but also respect the power of local government to seize certain properties," explained Bomke. "Obviously this is a sensitive issue, but I think the legislation accomplishes both of these goals."

[News release from Illinois Senate Republicans]