MAR supports eminent domain amendment
Vote yes in November to ensure protection of private property rights
By Amy Taylor, MAR Central & Northern Michigan Director

The MAR supported Senate Joint Resolution E passed both chambers of the legislature in late December of 2005 and makes its way to the Michigan voters in November. If passed, the SJR E would amend the state constitution to address that “public use” would not include the taking of private property for the transfer of ownership to a private entity for the purpose of economic development.

Before the creation of Senate Joint Resolution E, the Michigan Supreme Court ruled in the court case of County of Wayne v. Hathcock declared unconstitutional the taking of property by eminent domain from one private entity and giving to another private entity for the sole purpose of economic development. However, these protections provided to property owners are not written in the state constitution. After the U.S. Supreme court decision in the Kelo v. New London case, State Senate and House members moved forward with the creation of SJR E to protect Michigan private property owners from eminent abuse. Both the House and Senate passed SJR E with the required number of votes to place the Eminent Domain issue on the ballot in November. SJR E passed with the following MAR supported language regarding determining blight on a parcel-by-parcel basis:

“In a condemnation action, the burden of proof is on the condemning authority to demonstrate, by the preponderance of the evidence, that the taking of [A] private property is for a public use, unless the condemnation action involves a taking for the eradication of blight, in which case the burden of proof is on the condemning authority to demonstrate, by clear and convincing evidence, that the taking [OF THAT PROPERTY] is for a public use.”

It is true that economic development is a function of government. As such, those opposed to SJR E believe eminent domain must be utilized in instances where property owners demand excessive compensation or refuse to sell in order for a governmental entity to precede with plans that would create jobs and help revitalize the community. Further more, the opposing view feels the resolution could interfere with local government and the ability to keep businesses and renew communities in economically depressed areas. The final point from the opposed is that this amendment may also put Michigan at a disadvantage when trying to attract citizens to the state because the use of eminent domain in other states may lead to an upward bound economy.
Eminent domain has a significant impact on REALTORS®. Private property rights are a core value of MAR. This ballot proposal supported by MAR protects the citizens of Michigan and their private property rights from blight being used by local governments as a ruse to get to economic development. To that extent, MAR developed language included in SJR E that states in an action where private property is deemed condemned, the burden of proof has to be the preponderance of evidence that the property is to be used for public consumption to be considered for takeover. Eminent domain would also only be considered on a parcel-by-parcel basis, protecting those homeowners who take pride in their property while those around them let their property fall into disrepair.

Senate Joint Resolution E will be placed on the ballot for Michigan voters in November. By voting yes on the proposal, citizens are ensuring that government takeover will be closely monitored and strictly adhered to in cases of condemnation of private property.