HomeMy WebLinkAboutResolution - 2005-R0333 - Support For The Passage Of Federal And State Leg. To Limit Use Of Eminent Domain - 07_14_2005Resolution No. 2005-R0333
July 14, 2005
Item 45
RESOLUTION
WHEREAS, the City Council of the City of Lubbock finds that it is of paramount
importance to protect private property from Local, State, and Federal government
eminent domain powers to take private property for private use; and
WHEREAS, the United States Supreme Court in Kelo v. City of New London held
by a 5-4 decision that government may seize the home, small business, or other private
property of one owner and transfer that same property to another private owner, simply
by concluding that such a transfer would benefit the community through increased
economic development; and
WHEREAS, This Resolution in response to the above stated controversial ruling
by the United States Supreme Court; and
WHEREAS, this Resolution is adopted to support prohibiting transfers of private
property without the owner's consent, if the transfer is for purposes of economic
development rather than public use; and
WHEREAS, the City Council is of the opinion that eminent domain powers
should be limited to such public projects as water/sewer lines, roads, streets, public parks,
public buildings, electricity development and other similar projects that benefit the public
as a whole and that the power of eminent domain should not be used simply to further
private economic development; and
WHEREAS, it is appropriate for the City Council to take action, consistent under
the United States and the State of Texas Constitution, to support restoring vital
protections of the Fifth Amendment and to protect homes, small businesses, and other
private property rights against unreasonable government use of power of eminent
domain; and
WHEREAS, the protection of homes, small businesses, and other private property
rights against government seizure and other unreasonable government interference is a
fundamental principle and core commitment of our nation's founders and the essence of
what they fought for in the defense of their homes and private property; and
WHEREAS, Thomas Jefferson famously wrote on April 6, 1816, the protection of
such rights is "the first principle of association, `the guarantee to every one of a free
exercise of his industry, and the fruits acquired by it;` and
WHEREAS, it would likewise be appropriate for cities of the State of Texas to
take action to voluntarily limit their own power of eminent domain as it is noted by the
Supreme Court "nothing in our opinion precludes any State from further restrictions on
its exercise of the takings power." Now therefore, we petition the State of Texas
Legislature and its Governor and our Congress to put restrictions in place to restore the
vital protections of the Fifth Amendment; and
WHEREAS, the City Council supports legislation currently being promulgated in
the United States Congress and in the State of Texas Legislature, that would clarify
government's exercise of its power of eminent domain to be limited only for public use,
rather than for economic development, and this standard of protection would apply to all
exercises of eminent domain power by the local, and state governments; and
WHEREAS, it is appropriate for the City Council of the City of Lubbock to
support Congress, and the State of Texas Legislature, to take appropriate action,
consistent with the Constitution of the United States and the Texas Constitution, to
restore the vital protections of the Fifth Amendment and to protect homes, small
businesses, and other private property rights against unreasonable government use of the
power of eminent domain; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock does hereby support and advocate
the passage of federal and state legislation to limit government's use of eminent domain
for solely public purposes and protect the property of private citizens from unreasonable
seizure by federal, state and local governments.
Passed by the City Council this 14th day of J , 2005.
fvIARC McDOUGAL, MAYOR
ATTEST:
Rebecca Garza, City Secretary
ccdocs/resolution eminent
July 8, 2005