Commentary: Legislation Needed to Protect Private Property Rights

By Pitts, William O. | THE JOURNAL RECORD, February 6, 2006 | Go to article overview

Commentary: Legislation Needed to Protect Private Property Rights


Pitts, William O., THE JOURNAL RECORD


Private property rights under the Fifth Amendment of the U.S. Constitution, long a sacrosanct principle, have come under judicial attack.

An effort to protect these rights likely will be one of the early priorities of the 2006 Oklahoma legislative session, which begins today.

Triggered by a decision in the U.S. Supreme Court case of Kelo vs. New London, Conn., at least two pieces of legislation have been introduced. One, Senate Bill 1852, is by state Sen. Clark Jolley, R- Edmond, and the other, House Joint Resolution 1057, is by state Rep. Mark Liotta, R-Tulsa.

The high court's decision left the taking of private property by a government entity virtually unfettered.

In Kelo, private property was taken from one person through the power of eminent domain by the City of New London on behalf of another private individual, essentially justified by the fact it would enhance the town's tax base.

Jolley and Liotta are co-chairs of an ad hoc task force formed to address the problem. Composed of seven other lawmakers and three citizen members, it met several times early last fall.

Prior to the Kelo decision, the fundamental premise of eminent domain was that private property can only be taken by government for public use and good. The Supreme Court in essence said courts can define public use and good.

In Oklahoma, the power of eminent domain is outlined in Article II sections 23-24 of the Constitution.

Section 23 explicitly states no private property shall be taken or damaged for private use with or without compensation, unless by consent of the owner, except for private ways of necessity, or for drains and ditches across lands of others for agricultural, mining or sanitary purposes.

This is straight-forward language.

Section 24 provides for the taking of private property for public use, but also In all cases of condemnation ... for public or private use, the determination of the character of the use shall be a judicial question.

In either case, public use is not defined.

Liotta's resolution amends Section 24, limiting what the courts can determine as public use. Excluded are the public benefits of private development, including but not limited to an increase in tax base, tax revenues, employment or general economic health. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Commentary: Legislation Needed to Protect Private Property Rights
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.