Private Property vs. Gov't Jurisdiction

Michigan Will Vote on Eminent Domain(January 10, 2006) --

The Michigan House and Senate approved a resolution recently to put a proposed constitutional amendment prohibiting the taking of private property for economic development by eminent domain. The measure will appear on the ballot in November.

"We think this constitutional amendment will make it clear that private property cannot be taken," says Brad Ward, director of public policy and legal affairs at the Michigan Association of REALTORS®.

Ward adds that over the years, court rulings have varied on the use of eminent domain. In July 2004, the Michigan Supreme Court ruled in favor of private property rights in County of Wayne v. Hathcock [684, N.W. 2d 765 (Mich. 2004)]. That ruling overturned the long-standing Poletown Neighborhood Council v. City of Detroit decision [304 N.W. 2d 455 (Mich. 1981)], which had allowed the use of eminent domain to take private property for economic development.

—By Jane Adler for REALTOR® Magazine Online