Legislature Backs Private Property Rights

By Dan Gorenstein on Wednesday, March 22, 2006.

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Both the Senate and the House have passed constitutional amendments to prohibit the taking of private land for anything but public use.

New Hampshire Public Radio's Dan Gorenstein reports.

As one Senator put it- constitutional amendments seem a popular way to solve the state's problems this session.

Just this week, lawmakers have rejected proposed amendments on education funding and same sex marriage.

But lawmakers jumped in with both feet at the chance to strengthen private property rights.

The move comes after the federal Supreme Court's decision last year allowing the city of New London, Connecticut to take private homes and replace them with private development.

Representative Maureen Mooney told her colleagues the constitutional amendment is the best way to safeguard against a similar outcome in New Hampshire.

T.3
:20 no persons property can be taken and transferred for the purpose of private development or private use. And most importantly the amended language protects our constitutional right to acquire, possess and sell property.

The amendment outlines that private property may be taken by the state "only when necessary for the ownership or use of the property by the public at large.

The measure easily garnered the 3/5ths majority needed in both the the Senate and the House.

But Cordell Johnston with the New Hampshire Municipal Association says a constitutional amendment is an overreaction to a problem, he frankly doesn't see.

He says the taking of private property and the transfer of it to private developers for private use hasn't happened in the state in 40 years.

1:42 we've spent months on this issue and no one has been able to identify a single case. And the reason this hasn't happened is b/c NH has fairly narrowly drawn statutes and case law from the Supreme Court that provides significant protection to private property rights.

The problem with passing the amendment, says Johnston, is that it could make it more difficult for municipalities to use eminent domain in like cleaning up blighted areas.

Even though the Senate and House amendments are identical both chambers must take up the other's version.

If passed, as expected, the amendment will be put on the ballot for the November elections.

It needs a 2/3rds majority to survive.

For NHPR News, I'm DG.