FT 12.27 – Frémont Eminent Domain Reform Act (Awaiting signature)

[Unconditional Surrender Truman]

AN ACT
To reform eminent domain

Section 1: Title

This legislation may be cited as the Frémont Eminent Domain Reform Act.

Section 2: Just compensation, prohibition on private transfer of ownership to new private individuals

1. Just compensation shall be no less than the value of the property taken, lost profits and lost access, and damages to the residue caused by the taking.

2. Lost profits and Lost Access shall be determined by a panel of 3 federal judges in the Circuit Court of Appeals district in which the lawsuit has been filed. The burden of disproving the claimed losses shall be on the condemner.

3. Public use shall not include being used solely for private enterprise, job creation, tax revenue generation, or economic development. A public service company, public service corporation, or railroad exercises the power of eminent domain for public use when such exercise is for the authorized provision of utility, common carrier, or railroad services.

Section 3: When condemnation allowed

1. The Government of the Commonwealth of Frémont is hereby prohibited from taking private property through condemnation, unless that government offers just compensation and the property being taken is needed for public use.

Sponsor: Scott, FM

The first minister has the floor.

[Mad Deadly Worldwide Communist Gangster Computer God]

So this bill would effectively overturn Kelo v. City of New London, the case which ruled that governments could take private land under eminent domain and then transfer that land to another private person if doing so has a "public purpose."  In this particular case, the government wanted to take private land and then give it to a shopping mall developer on the argument that it would increase property values, and therefore property taxes.  Prior to Kelo, the government could only force a person to sell their property against their wishes if it was for a specific public use.

The federal government, as well as Lincoln and the Southern governments, have reformed their eminent domain laws to prevent similar abuses from taking place.

[Unconditional Surrender Truman]

I'll support this; eminent domain should only be invoked when absolutely necessary, and the scenario described by the first minister is clearly corrupt.

[Virginiá]

I absolutely support this! Abuse of eminent domain like this has no place in society, and it need be above the corruption of business and self-interested politicians.

[Unconditional Surrender Truman]

Are there any objections to this, or are we ready for a vote?

[Mad Deadly Worldwide Communist Gangster Computer God]

Unless our new MPs have anything to say for this, I call for a vote.

[Unconditional Surrender Truman]

I second the motion.

[Unconditional Surrender Truman]

Seeing no objection, we proceed to a vote. Members will vote Aye, Nay, or abstain. Voting will last 48 hours or until all members have voted.

[Mad Deadly Worldwide Communist Gangster Computer God]

Aye.

[Unconditional Surrender Truman]

Aye.

[AustralianSwingVoter]

Aye

[Pericles]

Aye

[raymundoflx]

Aye

[Unconditional Surrender Truman]

With five votes in favor and none opposed, the resolution passes.

[Mad Deadly Worldwide Communist Gangster Computer God]

AN ACT
To reform eminent domain

Section 1: Title

This legislation may be cited as the Frémont Eminent Domain Reform Act.

Section 2: Just compensation, prohibition on private transfer of ownership to new private individuals

1. Just compensation shall be no less than the value of the property taken, lost profits and lost access, and damages to the residue caused by the taking.

2. Lost profits and Lost Access shall be determined by a panel of 3 federal judges in the Circuit Court of Appeals district in which the lawsuit has been filed. The burden of disproving the claimed losses shall be on the condemner.

3. Public use shall not include being used solely for private enterprise, job creation, tax revenue generation, or economic development. A public service company, public service corporation, or railroad exercises the power of eminent domain for public use when such exercise is for the authorized provision of utility, common carrier, or railroad services.

Section 3: When condemnation allowed

1. The Government of the Commonwealth of Frémont is hereby prohibited from taking private property through condemnation, unless that government offers just compensation and the property being taken is needed for public use.