Tuesday, February 23, 2010

Castle Coalition

CITIZENS FIGHTING EMINENT DOMAIN ABUSE

The protections adopted in Louisiana’s amendments are absolutely vital to ensure that citizens who are still trying to rebuild the homes, businesses, and communities shattered by the hurricanes will not have to face the additional trauma of losing those uniquely important places that they can call their own. As long as it is not a threat to the public health and safety, property is protected by the Louisiana Constitution from the greedy ambitions of those developers whose vision of New Orleans doesn’t include its long-time residents.

Each piece of property must be a threat to public health and safety to be condemned for blight.
Condemnations for industrial parks and port facilities are forbidden on residential property.
House Bill 707 (Constitutional Amendment No. 6)
Senate Bill 1 (Constitutional Amendment No. 5 )

The new amendment does not address the power of municipalities to use eminent domain for the benefit of industrial parks since that is specifically permitted in another provision of the Louisiana Constitution. It does, however, provide that a person’s home cannot be taken for an industrial park or even for a public port facility.
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