The state has condemned 200 pieces of property for reconstruction of I-15, and a Utah senator wants to ensure the rights of small businessmen and homeowners aren't bulldozed as well.
The Senate on Tuesday advanced a measure that would extend the right of arbitration or mediation to those most likely to be intimidated when government invokes eminent domain over their homes and businesses.The bill sponsored by Sen. Pete Suazo, D-Salt Lake, also would require the government agency to pick up relocation costs.
"This protects the elderly, the small business owner, the family farm from unfair takings. This is a bill about property rights," said Suazo, whose SB49 advanced on a vote of 25-2.
The compromise bill has been three years in the making. Suazo was stung last year when a similar version passed both chambers only to be vetoed by Gov. Mike Leavitt.
Suazo said he has ironed out the problems and that the current bill is endorsed by the governor, the state, realtors, the Utah senior legislature and the League of Cities and Towns.
Government can condemn private property for a variety of reasons, but the power of eminent domain is most often invoked for redevelopment projects. The agency acquiring the property must pay fair market value - an amount often in dispute.
Suazo pointed out that large companies can afford to hire attorneys and challenge the condemnation in court, but homeowners and small property owners often don't have those kinds of resources. Of the 200 pieces of property that have been condemned, about 30 are fighting it. Almost all are big businesses.