Lawmaker wants to reverse eminent domain law
Posted: Tuesday, September 23, 2008
RAPID CITY, S.D. (AP) -- A Republican state representative from Rapid City, Gordon Howie, says he's preparing a bill that would reverse a new eminent domain law.
The 2008 Legislature passed a measure to make it easier for the Dakota, Minnesota & Eastern Railroad to acquire land for a proposed coal train expansion project.
Howie, who opposed the 2008 law, said he is focusing on a 90-day limit for the state to act on applications for eminent domain.
Larry Rhoden of Union Center, the House Republican leader, says he doesn't think Howie's idea has much of a chance.
Howie, who is running for a state Senate seat, said he was encouraged by comments last week from Robert Miller, a former state Supreme Court chief justice.
"I, for one, was very heartened to see that a judge is looking at it and says exactly what many of us were concerned about," Howie said. "There were many of us who believed that the legislation was an assault on the people's rights."
Miller is the hearing officer in the DM&E's eminent domain application. Last week, he gave landowners more time to prepare for a state Department of Transportation Commission hearing on the application, which must act on DM&E's application to use eminent domain to acquire property for its project. The new law, passed by the 2008 Legislature, limits that process to 90 days from application.
Miller said he is "of the opinion that it is unconstitutional."
After learning of Miller's statements, Howie started work on legislation to undo what he calls the "quick-take" eminent domain authority approved last session.
"Removing the quick-take provision of this law will be a good start on the road to restoring rights to South Dakotans," Howie said.
Howie said others could introduce the bill if he doesn't win election in November.
Rhoden said he's not sure where Howie will find the votes to change the law.
"I think it would take more than the comments by Judge Miller to change the hearts and minds of the legislators down there," Rhoden said.
The eminent domain legislation passed the Senate 20-13 and the House 54-16.
Pat McElgunn, vice president of governmental affairs for the Rapid City Chamber of Commerce, said Miller intends to hold the hearing on the DM&E eminent domain application by the end of the year. If there are no further delays, it could be decided before the 2009 Legislature convenes, he said.
"It's entirely possible that for all practical purposes the decision points will have come and gone," McElgunn said.
The 2008 Legislature passed a measure to make it easier for the Dakota, Minnesota & Eastern Railroad to acquire land for a proposed coal train expansion project.
Howie, who opposed the 2008 law, said he is focusing on a 90-day limit for the state to act on applications for eminent domain.
Larry Rhoden of Union Center, the House Republican leader, says he doesn't think Howie's idea has much of a chance.
Howie, who is running for a state Senate seat, said he was encouraged by comments last week from Robert Miller, a former state Supreme Court chief justice.
"I, for one, was very heartened to see that a judge is looking at it and says exactly what many of us were concerned about," Howie said. "There were many of us who believed that the legislation was an assault on the people's rights."
Miller is the hearing officer in the DM&E's eminent domain application. Last week, he gave landowners more time to prepare for a state Department of Transportation Commission hearing on the application, which must act on DM&E's application to use eminent domain to acquire property for its project. The new law, passed by the 2008 Legislature, limits that process to 90 days from application.
Miller said he is "of the opinion that it is unconstitutional."
After learning of Miller's statements, Howie started work on legislation to undo what he calls the "quick-take" eminent domain authority approved last session.
"Removing the quick-take provision of this law will be a good start on the road to restoring rights to South Dakotans," Howie said.
Howie said others could introduce the bill if he doesn't win election in November.
Rhoden said he's not sure where Howie will find the votes to change the law.
"I think it would take more than the comments by Judge Miller to change the hearts and minds of the legislators down there," Rhoden said.
The eminent domain legislation passed the Senate 20-13 and the House 54-16.
Pat McElgunn, vice president of governmental affairs for the Rapid City Chamber of Commerce, said Miller intends to hold the hearing on the DM&E eminent domain application by the end of the year. If there are no further delays, it could be decided before the 2009 Legislature convenes, he said.
"It's entirely possible that for all practical purposes the decision points will have come and gone," McElgunn said.
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