The topic took center stage for many states last year,
after the Supreme Court ruled that governmental
agencies could seize properties for private
development.
Members of the local state delegation spoke out on the
matter before the session started, saying that they
would like to tighten West Virginia's laws and help
protect property rights in the state.
Wednesday, officials in the house and senate moved forward on the matter, hearing two legislative proposals on the subject.
State Senators John Yoder, R-Jefferson, and John Unger, D-Berkeley, said that they both signed off on proposals to limit the government's ability to enact eminent domain. The members co-sponsored a piece of legislation brought forward by state Sen. Jon Blair Hunter, D-Monongalia, they said.
"The bill that I co-sponsored with Sen. Hunter today states that private property cannot be taken for development purposes," Yoder explained earlier this week.
More proposals are expected to come forward in the coming days. Yoder plans to bring a constitutional amendment forward early next week, he said. Unger is also considering his own legislative proposal on eminent domain. He said his version will be slightly different from the one legislators discussed Wednesday.
"It's not exactly what I want yet," Unger said of the earlier proposal.
Still, both senators agree that restrictions need to be tightened. Protecting the rights of local landowners is one of the delegation's top concerns, they said.
"I think we need to try to protect landowners rights, both legislatively and constitutionally in West Virginia," Yoder said. "I'm concerned. Government entities should not be able to seize any private property of any kind for development."
Unger would like to see exceptions made for blighted and unused properties though. In his proposal, county and city governments would have the ability to seize vacant commercial lots through a voter referendum. Government would not be able to take private residential lots, he said.
Under his proposal, seizures would be for economic development purposes only, he added. Without such a provision, he fears that slumlords could place a hold on local business.
"You could kill the downtown if you had enough money," Unger said. "You could hold it hostage."
The issue was on the minds of representatives in the house as well, where Delegate Cindy Frich, R-Monongalia brought forward her own eminent domain proposal. Frich and ten Republican co-sponsors are opposed to the government seizing private property for non-public use.
"Laws need to be changed in order to protect the constitutional right to private ownership of property," Frich wrote in a press release Wednesday.
Even house hopefuls had eminent domain on their minds this week. Jonathan Martin, an Inwood college student who is running for Berkeley County Delegate, also feels strongly on the issue, he said.
"I think that's a bit too much for the government to do," Martin said of eminent domain. "Property rights are very special. They're a cornerstone of our liberties."
Unger and Yoder are both hopeful that the senate will approve legislation on the issue during this year's legislative session.
- Staff writer Naomi Kimble can be reached by calling 263-8931 Ext. 183, or by e-mail at nkimble@journal-news.net.