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A push to limit government's use of 'eminent domain'

• Published January 14, 2010

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State Attorney General Rob McKenna kicked off his legislative campaign to toughen state eminent domain laws today.

He held a press conference at the Legislative Building with property owners who have had their land taken, and others who want to see state law changed to make it harder for government to take property, then turn it over to private development.

House Majority Leader Lynn Kessler, D-Hoquiam, joined McKenna, a Republican, at the event, telling a story about how her sister's home was condemned to make way for Interstate 5. The government's actions were a bit heavy handed, to hear Kessler tell it.

House Bill 2425 and Senate Bill 6200 capture McKenna's proposals for prohibiting the use of eminent domain for economic development. He has proposed it as a response to the 2005 U.S. Supreme Court case in Kelo v. New London (Connecticut).

HB 2423 and SB 6199 capture his proposal to take away ambiguous language about "blight" in the Community Renewal Law. He said a 1960s court ruling had opened the door to wider use of it, and more recent instances include a decision by the city of Auburn to condemn a large area for development. He also mentioned a case in Lakewood where the land still isn't developed despite a condemnation action.

Conservative groups including the Evergreen Freedom Foundation, the Institute for Justice and Washington Policy Center were part of McKenna's event, and so was John Fuji, whose family owned the infamous "sinking ship" parking garage that the Seattle Monorail condemned for a station and private development (the state Supreme Court sided with the Monorail shortly before voters pulled the plug on the Monorail).

Scott Roberts, property rights director for EFF, said in a news release that McKenna was "slow to the party" on the Kelo case, noting 43 states have done reform since then.

Roberts, a former realty salesman and Thurston County Republican chairman, said he hopes McKenna "continues to work on making condemnation fair to property owners. Issues such as information provided to property owners, damages subsequent to condemnation, and appraisals all need to be addressed in detail."

Michelle Dupler of our sister paper, the Tri-City Herald, is doing a story on McKenna's efforts to change the law, which we hope to run in the morning paper.