Local Property Rights Protection Act
The Local Property Rights Protection Act restricts the use of eminent domain for federal projects within the state, requiring local approval and public hearings before property can be taken. It ensures property owners receive enhanced compensation and relocation assistance and allows limited exemptions for national security and emergencies. This Act emphasizes protecting private property rights and empowering communities in land use decisions.
Key Provisions
Local Approval Requirement: Prohibits the use of eminent domain for federal projects without public hearings and majority approval from local governing bodies.
Enhanced Compensation: Provides property owners with compensation of at least 125% of fair market value, along with relocation and transitional support.
Limited Exemptions: Allows exceptions for national security or emergency projects, subject to written justification from the Governor.
Public Oversight: Requires the State Oversight Board to monitor compliance and publish annual reports on eminent domain activities.
Enforcement Mechanisms: Establishes penalties for violations, including fines and potential invalidation of improperly approved actions.
Model Language
Section 1: Short Title: This Act shall be known as the “Local Property Rights Protection Act.”
Section 2: Findings and Declarations
Private property rights are fundamental to individual liberty and economic stability.
The use of eminent domain for federal projects must be carefully regulated to prevent abuse and protect local interests.
Communities should have a voice in land use decisions that impact their residents and environment.
Section 3: Definitions
Eminent Domain: The power to take private property for public use by the state or federal government with compensation.
Federal Project: Any project initiated, funded, or substantially supported by the federal government.
Enhanced Compensation: Monetary compensation exceeding the fair market value of the property by at least 25%.
Relocation Assistance: Support provided to property owners for relocation, including housing costs, moving expenses, and transitional support.
Section 4: Restrictions on Eminent Domain for Federal Projects
Eminent domain may not be used for federal projects without prior approval from the local government in the jurisdiction where the property is located.
Local approval requires:
At least two public hearings to gather community input.
A majority vote by the local governing body to approve the use of eminent domain.
Section 5: Enhanced Compensation for Property Owners
Property owners whose land is taken through eminent domain shall receive compensation of at least 125% of the property’s fair market value.
Owners shall also receive:
Relocation assistance covering all reasonable costs associated with moving.
Transitional support for up to one year to address financial impacts of displacement.
Section 6: Exemptions
Eminent domain restrictions under this Act do not apply to projects involving:
National security concerns, including defense-related infrastructure.
Emergency situations requiring immediate action to protect public safety or welfare.
Exemptions must be justified through a written declaration by the Governor and filed with the State Oversight Board.
Section 7: Oversight and Reporting
The State Oversight Board shall monitor the use of eminent domain and ensure compliance with this Act.
The Board shall publish an annual report detailing approved projects, compensation provided, and community feedback.
Section 8: Enforcement and Penalties: Violations of this Act may result in fines, invalidation of eminent domain actions, or other remedies as determined by the State Oversight Board.
Section 9: Severability: If any provision of this Act is deemed invalid, the remaining provisions shall remain in effect.