WLBT 3 - Jackson, MS: Senate bill could strengthen property owners' rights from eminent domain

Senate bill could strengthen property owners' rights from eminent domain

By Jon Kalahar - bio | email

JACKSON, MS (WLBT) - If it's passed, a bill currently in the state senate could strengthen property rights for Mississippians. But could it also stunt economic growth for the state? 

During the 2008 legislative session, Jackson State University hoped a bill giving them "quick take" ability would pass so they could take advantage of tax credits for land development near campus. It died in committee.

This year, Senator Joey Fillingane hopes to toughen state law when it comes to eminent domain purchases.

"Under this current status of this law, you would not be able to take private property from a citizen and give it to a private developer simply to try to increase tax revenue," said Senator Joey Fillingane, (R) Sumrall.

David Wade at Mississippi Farm Bureau says it gives property owners true protection.

"It excludes everything but a true public use and that includes ... highways, it includes schools, it includes public utilities," said Waide.

But if the bill was law a few years ago, Senator Walter Michel says Mississippi would never have gotten the Nissan or Toyota plants. Michel considers employers that create hundreds of jobs beneficial also.

"Would not be able to take property to create a distribution center that might create four or 500 jobs and some of us think that inclusion needs to stay in there. If we don't get that exclusion in the bill, then we might as well shut down our economic development in the state of Mississippi," said Michel.

Fillingane sees it differently.

"The only thing we're trying to clarify is it's not okay to simply bring a Walmart or a shopping center or something of a public use that depends on increased tax revenue," said Fillingane.

The eminent domain bill is expected to come up for a vote in the senate floor this week.