By Larry Jones
February 6, 2006

During the Winter Meeting, the Executive Committee of the Conference of Mayors adopted an emergency resolution addressing the issue of eminent domain. Under the Conference of Mayors constitution, the Executive Committee is empowered to adopt emergency resolutions when the body is not meeting for the Annual Conference of Mayors. The next annual meeting is scheduled for June in Las Vegas.

The resolution urges that under our federal system, state and local use of eminent domain be regarded fundamentally as a state and local matter, which should be addressed by state and local political processes that respond to distinctly local needs and conditions. It also urges the federal government to take no further action to alter the rules governing the use of eminent domain until it has received the Government Accountability Office report (a required study to conduct on how state and local governments are using eminent domain across the nation) and held comprehensive hearings.

The resolution was sponsored by New York City Mayor Michael R. Bloomberg, San Francisco Mayor Gavin Newsom, Sacramento Mayor Heather Fargo, Boston Mayor Thomas M. Menino, Denver Mayor John Hickenlooper, San Jose Mayor Ron Gonzales, Salt Lake City Mayor Rocky Anderson, Carmel (IN) Mayor James Brainard, San Leandro Mayor Shelia Young, Chicago Mayor Richard M. Daley, Dearborn Mayor Michael A. Guido, Philadelphia John F. Street, Miami Mayor Manuel A. Diaz, Oklahoma City Mayor Mick Cornett, Kansas City Mayor Kay Barnes, Baltimore Mayor Martin O’Malley, Charleston Mayor Joseph P. Riley, Providence Mayor David N. Cicilline and Bridgeport Mayor John Fabrizi.

The resolution is in response to a number of pending proposals in Congress that would impose severe restrictions on state and local use of eminent domain for economic development. One such proposal was approved by the House last November by a vote of 376 to 38. Under the proposal (H.R. 4128), if a state or local government receives any federal economic development funds, it would be prohibited from using eminent domain for economic development. So far the Senate has not acted on the House proposal.

The reaction in the House was intended to show strong disapproval of the Supreme Court’s decision in City of New London v. Kelo. In this decision, the Court affirmed the city’s use of eminent domain for economic development as a legitimate “public use” under the Fifth Amendment of the U.S. Constitution. Except for purely public infrastructure project, the House proposal would shut down local use of eminent domain for economic development. Without the use of eminent domain power, economic development will become difficult and expensive for many cities.