Alabama Legislators Need to Fix New Eminent Domain Law

Greg Willis | Wikimedia CommonsGreg Willis | Wikimedia CommonsLast weekend, Reason broke the news that Alabama has rescinded its strong statutory protections against the use of eminent domain for private development. I stand by that claim, but based on subsequent local news reports, SB 96 appears to be an inartfully crafted law rather than a nefarious attempt to bring back Kelo-style land grabs.

According to one legislator, any expansion of eminent domain authority was inadvertent and will be excised. Legal minds in Alabama are split, however, on whether the new law, which offers tax subsidies for manufacturers willing to locate their operations in the state, does indeed expand the state's eminent domain power.

To me, this language is pretty unequivocal (italics denote SB 96’s changes to existing law):

It is further found and declared that the powers conferred by this chapter are for public … and private uses and purposes imbued with a public interest … and the power of eminent domain and police power exercised, is hereby declared as a matter of legislative determination.

Those private uses include:

Automotive, aviation, medical, pharmaceutical, semiconductor, computer, electronics, energy conservation, cyber technology, and biomedical industry manufacturing facilities.

Since there is uncertainty about what this passage means, a quick legislative fix is in order. According to Dana Berliner, a senior attorney at the Institute for Justice, “If the legislature truly did not intend to authorize eminent domain with this bill, they need to fix it immediately.”

Otherwise, it will be up to judges to determine what the law says, which means forcing property owners to defend their homes and businesses in court when local officials with an expansive view of SB 96 decide to replace a neighborhood with an industrial park.  

Disclosure: I am a former employee of the Institute for Justice.

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  • Sevo||

    ...“If the legislature truly did not intend to authorize eminent domain with this bill, they need to fix it immediately.”...

    Hmm. Yes. Well. Certainly a nice day, isn't it?
    Are there any other matters we need to deal with?

  • harry90||

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  • Fist of Etiquette||

    ...SB 96 appears to be an inartfully crafted law rather than a nefarious attempt to bring back Kelo-style land grabs.

    Hey, as long as the end effect is the same, as long as connected entrepreneurs get to take property through government force, then lawmakers should be derided for the a-holes they are. If you can't be bothered to understand the likely effects of the legislation you pass, your one fucking job for which you get many perqs, then find other employment. The "legislative fix" is to find new legislators.

  • juris imprudent||

    Why does everyone hate sleezeball developers trying to get something out of the politicians they have paid for?

    Sheesh!

  • Fist of Etiquette||

    I hate connected things. Corrupt real estate developers, townhouses, conjoined twins, network nodes, story arcs, placentas, you name it, I hate them all. Independence über alles!

  • juris imprudent||

    You fucker - you connected thoughts there. Don't deny it!

  • Fist of Etiquette||

    WRONG. Random words strung together.

  • Dweebston||

    According to one legislator, any expansion of eminent domain authority was intentional and will be exercised.


    Now that we have an understanding, gentlemen, will there be any more questions?

  • Sevo||

    Regardless of my snark above, those guys (both sexes) at IJ get results. They seem to know what portion of a politico's anatomy needs poking and how hard. With their record, Ms. Berliner's comments just might get attention in the legislature.

  • Mike M.||

    OK, we're nearly a week into April now, and it still doesn't feel at all like spring. Where's my goddamn "global warming"?

  • Chet Manley||

    The massive snowstorms and bitter spring weather now being experienced across large parts of Europe and North America may be due to the dramatic loss of Arctic sea ice.

  • Mike M.||

    Give it up pal; everyone knows rhat you and your ilk are lying. This is your line of bullshit you guys made up after looking like for complete fools for saying that snow would disappear.

  • Chet Manley||

    a new report boosts confidence in scientific predictions of climate change
    Allen said: "I think it's interesting because so many people think that recent years have been unexpectedly cool. In fact, what we found was that a few years around the turn of the millennium were slightly warmer than forecast, and that temperatures have now reverted to what we were predicting back in the 1990s."

  • Mike M.||

    By the way, I know that you're a troll and/or a sockpuppet. You've never posted here before until now, so you probably just created this account minutes ago. This isn't you Mary Stack, by any chance, is it?

  • ||

    Are you Guy LaGuy?

  • Chet Manley||

    I don't know. Are you?

  • ||

    Yay confirmation!

  • Mike M.||

    Whoever he or she is, he actually went to the trouble of creating a brand new account just so that he could troll me with this Arctic sea ice bullcrap. What a total fucking loser in need of a life.

  • mr simple||

    Actually, ze started in the GMO thread posting "Organic" religious documents.

  • Gweskoyen||

    The only losers are climate change deniers, creationists, anti-vax activists, anti-gmo protestors, ie. people who are enemies of science, ie. people who wish for mankind to die out because of their stupid ideologies.

  • mr simple||

    Actually, I like this guy better. The blind, seething rage behind his nonsensical religious beliefs is amusing. So far a B+ in sockpuppetry trolling.

  • Gweskoyen||

    "Religious beliefs"? How stupid are you? I am an Atheist, religion is belief in the supernatural. Words have meaning.

  • mr simple||

    This is hilarious; excellent work.

  • Virginian||

    He doesn't believe in god, just magical computer programs that have yet to predict the climate even 50 years in advance, but are supposedly perfectly accurate for predicting the climate centuries or even millennia in advance.

  • Gweskoyen||

    I admit I too am at fault for derailing the thread, but: Isn't the existence of God a topic that is a bit too heavy for a thread that is supposed to be about Eminent Domain?

  • juris imprudent||

    Good point, that would be Eminence Domain.

  • Gweskoyen||

    Chet uses scientific sources; what do you have?

  • Ted S.||

    I have hearsay and conjecture. Those are kinds of evidence.

  • Gweskoyen||

    How many times do you need to hear that climate != weather until it finally enters your thick skull? Climate change is real, get over it.

  • mr simple||

    Sure is samefag in here now. Look it went through the trouble of making multiple accounts to come play with us.

  • Gweskoyen||

    Go back to 4chan. Google Gweskoyen, I always use this name and I don't have multiple accounts here.

  • Chet Manley||

    The echo chamber in here won't allow them to believe more than one person could hold different views than them.

  • mr simple||

    That or you "both" use the same voice in your writings. Maybe it's just the hive mindset.

  • Gweskoyen||

    Welche Stimme genau meinst du? Kannst du das genauer ausführen?

  • Mike M.||

    I think it's Mary Stack. The manic personality is just right.

  • Ted S.||

    Until a weather even can be used to "prove" that global warming/climate change is happening: see Hurricane Sandy last October.

  • Chet Manley||

    Up to four NFL players may come out.

  • The Late P Brooks||

    Up to four NFL players may come out.

    And I should give a fuck for some reason?

  • Gweskoyen||

    Hey, do you see the 3 words "reply to this" under comments? They are there for a reason.

  • Sevo||

    Gweskoyen| 4.6.13 @ 1:59PM |#
    "Hey, do you see the 3 words "reply to this" under comments? They are there for a reason."

    Yeah, it's a shame you don't have one to exist.

  • Chet Manley||

    Atheists have removed their reason for existence.
    The last problem for the atheist, is that of suicide.

  • ||

  • Gweskoyen||

    Why do you even read Reason, a magazine which periodically decries discrimination against Atheists and ridicules fundamentalists?

  • ||

    ---Hey, do you see the 3 words "reply to this" under comments? They are there for a reason.---

    It's an option, not a command.

  • The Late P Brooks||

    a new report boosts confidence in scientific predictions of climate change

    Sure it does.

    Believers wanna believe.

  • Chet Manley||

    STUDY: the warming we are seeing over the past century is unprecedented for at least the past 11,000 years, and while there were warmer periods in the past, the rate of current warming is what’s so scary.

  • mr simple||

    Really, you post a study that's been debunked on here many times over the past week and that the author doesn't even stand behind anymore?

  • Chet Manley||

    You may want to rethink your statement.

  • mr simple||

    the 20th century portion of our paleotemperature stack is not statistically robust, cannot be considered representative of global temperature changes

    No, I got it right.

  • Chet Manley||

    no, no you have not.

  • mr simple||

    So, as a response to a debunking of your statement that a study shows something it does not, you link to graphs of dubious scale that do not show anything about your original argument? Well played. Not. (I'm bringing it back)

  • ||

    Chet didn't read his own link.

    Q: What do paleotemperature reconstructions show about the temperature of the last 100 years?

    A: Our global paleotemperature reconstruction includes a so-called “uptick” in temperatures during the 20th-century. However, in the paper we make the point that this particular feature is of shorter duration than the inherent smoothing in our statistical averaging procedure, and that it is based on only a few available paleo-reconstructions of the type we used. Thus, the 20th century portion of our paleotemperature stack is not statistically robust, cannot be considered representative of global temperature changes, and therefore is not the basis of any of our conclusions.
  • juris imprudent||

    Wow, 11000 years. Did you ever bother to look into what Earth's climate is like over say MILLIONS of years?

  • Gweskoyen||

    Let me guess, you start talking about sheeple next? Good grief.

  • ||

    I always thought people were more like cows. You squeeze them hard enough, and....

  • The Late P Brooks||

    Don't you see? If any polar ice melts, all the penguins will die!

    Those poor, poor, cute little penguins, boohoohoohoo.

  • Gweskoyen||

    If the polar ice melts, whole nations will vanish. But you don't care about them, because they have a different skin color, right?

  • A Serious Man||

    If the polar ice melts, whole nations will vanish.

    Dude, Waterworld was just a crappy Kevin Costner movie.

  • ||

    It's also a live show at Universal Studios, ASM.

  • juris imprudent||

    A few low-lying places. Big deal. There wouldn't have been any humans in North or South America without climate change.

  • Sevo||

    Gweskoyen| 4.6.13 @ 1:58PM |#
    "If the polar ice melts, whole nations will vanish. But you don't care about them, because they have a different skin color, right?"

    Whole nations numbering, oh, 500 people or so, most of whom probably wouldn't be alive if it weren't for fossil fuel delivering food.
    And just for the heck of it: http://www.ecomare.nl/en/ecoma.....sea-dikes/

  • juris imprudent||

    Actually there are millions of Bangladeshis, but I don't recall the great white war of oppression that put them there.

  • Sevo||

    juris imprudent| 4.6.13 @ 4:22PM |#
    "Actually there are millions of Bangladeshis,..."

    Which is the reason I posted the link to the Dutch dikes.
    The Netherlands and Bangladesh have a *lot* in common; population density, sited on a river delta, access to maritime trade, etc.
    One is prosperous and one isn't; I'm pretty sure I know why, and it doesn't have to do with the Indians or skin color.

  • The Late P Brooks||

    But you don't care about them, because they have a different skin color, right?

    Bloody Vikings.

  • Gweskoyen||

    I tried to explain it to you but I must be more explicit: If you want to reply to a comment, click on "reply to this" so the comments are nested and easier to find.

  • The Late P Brooks||

    do you see the 3 words "reply to this" under comments? They are there for a reason.

    Who's a SHEEPLE now?

  • Gweskoyen||

    *Sigh* People who use sheeple are idiots. I was satirizing *you*

  • ||

  • Gweskoyen||

    Don't you think that using that gif once in a thread is enough?

  • Virginian||

    Well, he's only posting it when you say something stupid. Say smarter things, and he won't post it so much.

  • Gweskoyen||

    He also posted it replying to Chet.

  • ||

    Same thing.

  • ||

    I'm up for it as many times as it's applicable.

  • Irish||

    *Sigh* People who use sheeple are idiots. I was satirizing *you*

    But he hadn't said sheeple. So you were satirizing him for something he never said.

    You don't know what satire is, do you?

  • Gweskoyen||

    I satirized his clearly expressed tendency to mistake justified true belief for simple opinion, like conspiracy theorists do.

  • AlmightyJB||

    This is the worst chat room ever.

  • The Late P Brooks||

    ie. people who are enemies of science, ie. people who wish for mankind to die out because of their stupid ideologies.

    Rrrrphllb, you got me.

    *clutches chest, falls to floor*

  • The Late P Brooks||

    SPAM SPAM SPAM SPAM

    SPAM SPAM SPAM SPAM

    SPAMMITY SPAAAAAM

  • Chet Manley||

    Are we playing Monty Python?

  • ||

  • ||

    I think Chet Manley is the representative for Ask a Stupid Question Day. He's out either really early or really late, though.

  • Archduke Pantsfan||

    What a nutfarm this afternoon. Was there an escape from a mental hospital?

  • The Late P Brooks||

    I was satirizing *you*

    How's that working out for you?

  • EDG reppin' LBC||

    OT: I just got back from my morning jog. I saw college girls in bikinis sunning on the beach. I saw college girls in bikinis frolicing at the volleyball courts. I saw college girls in little dresses drinking bloodies at a beachside cafe. I saw a smoking hot MILF rollerblading. That is all. Have a great Saturday Reasonoids!

  • ||

    Hmm, you may have just solidified my resolve to go for a bike ride through Hermosa Beach. Thanks EDG.

  • EDG reppin' LBC||

    There was some beefcake out there, too. ;)

  • ||

    I'd certainly hope so. What good is getting all bikini clad if there aren't sun drenched hunks to peacock for?

  • A Serious Man||

    That's like every day for me.

  • EDG reppin' LBC||

    Me too. But CSULB was on Spring Break this week, so there was a dearth of little cuties running around. But they are all back, and hitting the beach today. Hopefully we'll get a nice selection at my local bar during the FC Barcelona match.

  • A Serious Man||

    See, that's one of the many reasons I like living here.

  • Archduke Pantsfan||

    Wesley Snipes released from federal prison

  • A Serious Man||

    I'm sure he's a libertarian now.

  • The Late P Brooks||

    I saw college girls in bikinis sunning on the beach. I saw college girls in bikinis frolicing at the volleyball courts. I saw college girls in little dresses drinking bloodies at a beachside cafe. I saw a smoking hot MILF rollerblading.

    I hate you.

  • The Late P Brooks||

    Don't tell you-know-who, but if I went to a college-girl-watching venue around here, they'd probably be wearing parkas. And Uggs.

  • The Late P Brooks||

    What good is getting all bikini clad if there aren't sun drenched hunks to peacock for?

    Whatever blows your skirt up, dude.

  • Archduke Pantsfan||

    wait, they don't show off for the creepy middle aged white guy?

  • Archduke Pantsfan||

    Climate models SUCK

  • Gweskoyen||

    You may be forgiven to not knowing this as you're probably American, but the Daily Mail is not a reliable source, as it is well known for shoddy journalism and just plain making shit up. Nobody in Britain takes it seriously, not even Conservatives. And this is not an exaggeration, they once supported the British Fascists, doing the infamous headline "Hurrah for the Blackshirts", which is why a common nickname is "Daily Heil".

  • The Late P Brooks||

    I'm confused, Archduke; for some reason I thought China was this weekend. I guess we'll have to wait another week to see Webber and Vettel take each other out.

  • Archduke Pantsfan||

    Yeah, it's a long break this early.
    Did you see Bernie meeting his new son-in-law to be?

  • General Butt Naked||

    Who the fuck are those people?

    Celebrity stalking is bad enough when it's actually famous people...

  • The Late P Brooks||

    I wouldn't do Bernie's daughter if he told Montezemolo to give me a whole fleet of Ferraris.

  • ||

    You may be forgiven to not knowing this as you're probably American, but the Daily Mail is not a reliable source, as it is well known for shoddy journalism and just plain making shit up. Nobody in Britain takes it seriously, not even Conservatives. And this is not an exaggeration, they once supported the British Fascists, doing the infamous headline "Hurrah for the Blackshirts", which is why a common nickname is "Daily Heil".

    No one cares.

  • Gweskoyen||

    Says the guy quoting me.

  • mr lizard||

    First off we don't believe you, and second off my people in I will find a temperate branch to perch on regardless what pesky humans do. But if you want to argue climate change with a reptile, then bring it... I'm the green one, second branch from the bottom.

  • Gweskoyen||

    You don't believe me? About what now? The Daily Mail? You can easily Google the headline.
    About climate change? It is rather fruitless to try to convince you, I have gathered, so I won't bother discussing it with a scalie.

  • SumpTump||

    Sometimes man you just have to roll with those punches. Wow.

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