Libertarian Lobby

Thanks to the hard work and persistence of Mike Raiford and the Libertarian Party of Douglas County, the Douglas County Board of Commissioners passed a resolution in support of limiting eminent domain abuse. Mike's effort generated considerable media coverage and helped to promote the Libertarian Party as the party who will protect property rights. Thanks for your hard work Mike.

Here is the resolution:

RESOLUTION CONCERNING THE EXERCISE
OF THE POWER OF EMINENT DOMAIN

Douglas County Board of Commissioners


WHEREAS, the Douglas County Board of Commissioners is empowered by the State of Georgia Constitution to exercise the power of eminent domain to condemn property for public purposes or uses; and

WHEREAS, the Douglas County Board of Commissioners believes that the exercise of its eminent domain power is necessary for the advancement of the public good; and

WHEREAS, the Douglas County Board of Commissioners further believes that the exercise of its eminent domain power should be balanced with State and Federal constitutional protections of private property; and

WHEREAS, in light of recent opinions of the United States Supreme Court (Kelo vs. City of New London) and other Federal Courts, the Douglas County Board of Commissioners desires to assure Douglas County citizens that the exercise of its eminent domain power will not be used in such a manner as to seize private property solely or primarily for the purpose of transferring, leasing or allowing the use of such property to a private developer, corporation or other entity in order to expand tax revenue or to increase the taxable value of the seized property; and

WHEREAS, the Douglas County Board of Commissioners has never used its power of eminent domain in this manner, but has restricted this broad power to procuring land for roadway expansions and other necessary uses for the overall good of the general Public, and only after negotiating in good faith with the property owners; and

WHEREAS, the Douglas County Board of Commissioners urges its delegation to, and all members of, the Georgia General Assembly to sponsor and support legislation and/or a Constitutional Amendment that will impose appropriate legal restraints on governing authorities with regard to the exercise of eminent domain power; and

WHEREAS, in the absence of such legislation, the Douglas County Board of Commissioners declares that it will continue its restricted use of eminent domain as it has historically done;

NOW, THEREFORE, BE IT RESOLVED that the Douglas County Board of Commissioners hereby publicly declares its support of limited eminent domain usage, and its intention not to use this granted power for the transferring, leasing or use of condemned property to a private person, developer, corporation or other similar entity for the purposes of private development.

ADOPTED this ______ day of _________________________, 2005.