An attorney (and FrontBurnervian) in Carrollton says that local governments can get around the problems with the decision yesterday by voting down private use of eminent domain:
There is a way around the New London decision that precludes the exercise of this power. Carrollton’s citizens voted to do so in 1998 by amending our Charter. Below is the relevant excerpt from the Charter:
“Provided, however, nothing included above or anywhere in this charter shall authorize the City of Carrollton, or any corporations, agency or entity created by the City, or pursuant to the City’s approval and authorization, to institute and exercise the power of eminent domain to acquire private or public property if the purpose of the acquisition is the promotion of economic development for a private business enterprise which business enterprise would own any right, title, or interest in the property so acquired.” (Emphasis added.)
Exactly to the point. Thanks.
