This legislative session, eminent domain and condemnation are tough issues requiring thoughtful business leadership.
Even though Colorado has good laws on the books to protect private property rights, the Supreme Court’s Kelo decision has highlighted the need to go even further to protect private property.
As in the past, with such issues as growth management, transportation and Referendums C and D, business leaders can play a beneficial role in two major legislative issues – responding to the Kelo decision and seeking ways to responsibly allow private toll road development in cooperation with state government.
Our group, Colorado Concern, tackles leading public policy issues with only one litmus test: Is it good for business? It is a simple measurement uniting the organization to look beyond more divisive political issues.
Condemnation is an extremely emotional issue. It is easy to identify defenders of government powers on one end of the spectrum and private property defends on the other. It’s more difficult to identify the middle ground necessary to find legislative compromise.
On this issue, business people are well suited to capturing the center. Instead of approaching the issue through an ideological lens, business organizations understand the need to protect private property from government takings, but they also appreciate the benefits of urban renewal projects. A business may find itself the victim of a governmental taking on one project and just as easily become part of a public- private partnership on another.
Eminent domain is a tangled web of legislative options and judicial interpretations. Several bills have already been filed on this subject, with more on the way. The bulk of these respond to the U.S. Supreme Court’s Kelo decision, some as proposed changes in state law. In addition to the legislative proposals, signatures are already being gathered for a proposed constitutional amendment to clamp down on eminent domain.
The greater issue behind all the specific proposals is how we bring an understanding of the business benefits of urban renewal and private transportation development into line with private property protections on the other.
Constructive compromise already has been reached on public- private transportation partnerships that combine public participation and private capital for transportation development. Gov. Bill Owens and state Sen. Tom Wiens reached this compromise after Wiens initially proposed a ban on private toll-road condemnation. Colorado Concern will be working hard to make sure this compromise makes it through the full legislature.
We believe a legislative solution on urban renewal issues is also possible, one that would satisfy both property owners and business developers, who should be allies on private property issues.
Such a compromise could include a clear identification of the qualifying uses for urban renewal so someone’s home cannot be taken under flimsy redevelopment pretenses. The legislature should thoughtfully weigh the provisions of the many eminent domain proposals. Some of the best ideas directly address the Kelo decision by updating Colorado law to adequately protect property owners without putting unrealistic restrictions on the use of condemnation.
William Mutch is executive director of Colorado Concern, a bipartisan organization of the state’s leading business executives.
