From Deseret News archives:
Hatch seeks to shield private-property owners
Proposed bill of rights is a reaction to high-court ruling
"I found this (court ruling) decision alarming, to say the least," Hatch said. "But . . . the court's decision does not prohibit legislatively enacted limits on the exercise of the takings power, nor does it prohibit the legislation I am proposing today, which would grant new powers and resources to property owners who are targeted by federal eminent-domain actions."
On Tuesday, Hatch and Sen. Max Baucus, D-Mont., introduced the Empowering More Property Owners with Enhanced Rights Act of 2005, or the EMPOWER Act, that is modeled after an eight-year-old Utah law that established a state ombudsman to protect private-property rights in eminent-domain cases and land disputes with state agencies.
"The job of the ombudsman in Utah is not to change the law and not to tip the balance in favor of property owners," said Craig Call, Utah's Property Rights ombudsman, who attended the Washington, D.C., press conference announcing the legislation. "My job is to provide a reasonable, balanced inquiry into questions citizens may have and offer mediation and arbitration in their behalf. My goal is to ensure that they are treated fairly in this process."
"This bill is for anyone whose home is threatened by federal action," Hatch said, adding the legislation "won't solve all problems, but it will go a long way to creating a level playing field for people who might lose their homes."
Added Baucus, the bill is a "good start to making sure that private-property owners aren't taken advantage of by the federal government. It will give Americans a stronger voice and more options in eminent-domain decisions."
Hatch's bill follows June's Supreme Court decision in Kelo v. New London, which gave constitutional sanction to governments seeking to take private property.
In addition to a property owners' bill of rights and a national private-property ombudsman, Hatch's bill would also:
Require the head of federal agencies acquiring property to make reasonable efforts to negotiate and inform property owners of their rights.
Empower the ombudsman to order arbitration proceedings as if it were ordered by a court.
Grant legal standing to the ombudsman in eminent-domain proceedings to seek legal stays during pending arbitration or mediation.
Comments
- Downtown plans three-day ""Eve"" 3:44 p.m.
- Small-business conditions improve 3:41 p.m.
- Pair arrested in Provo burglary 3:36 p.m.
- Summit Co. appoints first manager 3:24 p.m.
- Man sentenced to 7 years in death 3:21 p.m.
- Senate Dems at odds over insurance 3:20 p.m.
- U.S.: $3B to end tribe royalty dispute 3:09 p.m.
- Police seek missing WVC woman 3:06 p.m.
- Prison pop. growth slows in 2008 3:05 p.m.
- Election 'liberating' for gay bishop 2:58 p.m.
- BYU football: Bronco weighs in on Hall
- Yet again, we learn BCS is a big joke
- Witness: Mitchell stalked victims
- Williams' late jumper tops Spurs
- Storm pounds Utah for 2nd day
- Cougars in better mood about bowl
- Ranking the bowl games
- $2M error could mean layoffs
- Andersen apologizes for Jordan hoax
- BCS reform still needed
- Y. profs: Beck not all-knowing
271 - TCU to play Boise in Fiesta Bowl
203 - Letters: Global warming a lie
195 - Cougars going back to Vegas
147 - BYU football: Bronco weighs in on Hall
143 - Utah/BYU rivalry can be more civil
140 - George lost in rivalry hatefest
119 - Ed Smart 'appalled' at testimony
101 - Harpring's NBA career is over
98 - Store planning for Palin crush
86
For the latest news in the health care debate and how it affects you...
Amazon.com, Target.com, Sears.com, Walmart.com, Kmart.com and...
Thats how they roll in orem/ provo, maybe not illigal but sure in the heck...
"Many died as a result." [of tobacco lobbying] Do you have any idea how...
I can understand that sometimes shooters have cold streeks but they get out...
It would be fun to watch the Sun Devils jump to an early lead and win going...
Matthews 0 rebounds in 34 minutes. What was your point in making such a...
I am an over weight 55-year-old man. I've shoveled snow the last three...
We have religions that control government to the point of oppressing minority...
I don't know who is more classless--Ute fans or Ute fans who pose as BYU fans...
Have you read Brandt Anderson's "apology"? Terrible, just terrible. He...
would like candy recipies "creamy sure fudge' (makes 5 lbs) plus all others...



You can be the first to comment on this story.