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May 11, 2006

Economic development doesn't qualify, court says

The long-awaited Oklahoma Supreme Court ruling involving the condemnation of four pieces of property in eastern Oklahoma for building a water line to a power plant seems to sit well with the current political climate about private property rights.

Judges this week ruled that Muskogee County does not have the legal right to condemn four pieces of private property needed by Energetix to bring water to an electricity generation plant. The same company several years ago had proposed building an electricity generation plant on tribal land in far eastern Cleveland County. That proposal died with some federal enabling legislation but could reappear some day.

The right of governmental entities to condemn and purchase property for eventual private development has been an emotional hot button for lawmakers throughout the country. It started with a U.S. Supreme Court ruling nearly a year ago that said property could be condemned if the new project would provide greater tax revenues and economic development than the old use.

The high court's decision in the Kelo case from New London, Conn., touched off a spate of legislation, litigation and became a talking point in candidate schools on both sides of the political aisle.

According to the Oklahoma City Journal Record newspaper, Oklahoma's ruling involved an agreement between Muskogee County and Energetix that said if the company could not obtain all of the easements needed for the water line, the county would use its power of eminent domain to condemn the sites.

Oklahoma lacks a law or court ruling that allows the taking of property for economic development purposes. An Oklahoma initiative petition, circulated after last year's Kelo decision, asks voters to restrict eminent domain even more.

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