Aug 20, 2005 - 06:00:13 CDT
Associated Press
Former North Dakota attorney general Heidi Heitkamp says she is preparing a voter initiative that would restrict local governments from taking property for economic development projects.
Heitkamp said she hoped the proposed constitutional amendment would be ready to circulate for petition signatures in October. It would need the signatures of at least 25,688 North Dakota voters to qualify for the ballot.
The effort follows a U.S. Supreme Court decision in June, called the Kelo ruling, that allowed the city of New London, Conn., to force property owners to sell their homes to make way for new waterfront development, including luxury homes, office buildings and a marina.
The U.S. Constitution bars taking private property for public use without just compensation. In a 5-4 ruling, the Supreme Court said taking private property for another private project was legal because the new development would provide more tax revenue and jobs.
Heitkamp said government power to take someone's property should be restricted in those circumstances. She has served as tax commissioner and attorney general, and was the Democratic candidate for governor in 2000, losing to Republican John Hoeven.
"The reality is, we've become so enamored with economic development that we have forgotten it comes at a cost," Heitkamp said.
Bismarck state Sen. Bob Stenehjem, the Republican majority leader, said lawmakers are interested in responding to the ruling as well.
Two proposed North Dakota constitutional amendments have been drafted, and Stenehjem said he will assign them to an interim legislative study committee for public hearings. Stenehjem is chairman of the Legislative Council, a committee of lawmakers that oversees the Legislature's business between sessions.
"I don't think we have a big problem with it in North Dakota, but I think it may be something we want to look at, to protect in the future," Stenehjem said Friday. "I think there's a public consensus out there that we need to do something."
The Legislature's next regular session begins in January 2007.
North Dakota's urban renewal law says local governments may force the sale of property for a private economic development project, even if the property is not considered blighted.
The North Dakota Supreme Court has ruled the law is constitutional, in a 1996 case that forced a Jamestown supermarket to sell downtown property for a competitor's use.
Heitkamp said her proposed amendment would not restrict property takings for public works projects, or limit cities' ability to improve blighted areas.
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