OPINION/COMMENTARY

Utah bans eminent domain use by Redevelopment Agencies

Despite heavy lobbying by Utah's mayors, Governor Jon Huntsman, Jr. signed into law Senate Bill 184, which effectively removes eminent domain power from all redevelopment agencies within the state. The only exemption in the law allows the agencies to use eminent domain to take the private property from individuals who serve on the boards of redevelopment agencies. Utah may be the first state to take legislative action to curb the use of eminent domain by cities and municipalities. The practice has grown over the last 30 years, as cities have taken private property from one owner to give, or sell to another private owner, whose proposed use promises increased tax revenue or other economic benefits. The Michigan state supreme court ended the practice in Michigan, by reversing the infamous 1981 Poletown decision, which allowed a Michigan city to remove more than a thousand private homeowners from land that was given to General Motors. The U.S. Supreme Court is now considering a similar case brought by Susette Kelo against the New London Development Corporation, created by the city of New London, Connecticut. New London is trying to use its eminent domain power to take Kelo's home to give, or sell to another private developer....

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