EMINENT DOMAIN HF 2351

Our Governor, defender of the “little people,” presidential hopeful and champion of the oppressed, took the advice of the Des Moines Register and vetoed the overwhelmingly bi-partisan Eminent Domain Bill. HF 2351 established some strict parameters within which a government jurisdiction (i.e., town, city, county or state government) could force the sale of or transfer of property for purposes other than the need to satisfy a “public good.” Until a recent decision by the liberal wing of the U.S. Supreme Court, a “public good” meant a highway, school, civic building of some sort or any use that would benefit all or most of the citizens of that jurisdiction. The liberal justices redefined the “public good” to mean a new development, like up-scale homes, town houses, condos, a casino, or any other entity that would yield more taxes than the current owners of the property are paying. And you thought Robber Barons were and are Republicans? Think again. The influential, greedy, and callous opportunists come in all colors, sizes and political persuasions. I was a Democrat once, a long time ago. One of my favorite presidents is Harry Truman, who rose above his political origin as a Pendergast crony to that of a statesman and a true man of the people. Alas, there are no Trumans in the Democrat party of today, only “pooh bear” Vlassic, Vilchek or Vilsack. I didn’t give him those other names; some of the leaders in his party did.

In the original draft of the Declaration of Independence, the part where it states that all men are created equal and endowed by their Creator with the right to life, liberty and the pursuit of happiness, the last phrase, the pursuit of happiness replaced the phrase that referred to the right to own private property. Our founding fathers had enough of kings and lords who took property whenever they felt like it. Think about how you would react if someone could throw you out of your home or business just because they could convince the government that they would make better use of your digs and pay more taxes. Even if they compensate you at a level most would consider fair or generous, that’s beside the point. Unless the taking of your property serves a public good, you should not be forced to vacate your property to enrich a developer or the municipality that abets the one who wants to violate your right to own and enjoy your property.

Some local politicians and business leaders cheered the Governor’s veto. They claimed that protecting the precious right to own private property without fear of having it stolen “will do much damage to our economic development.” How much damage to economic development will result from knowledge that the State of Iowa will not guarantee your right to own private property?

The House approved this bill on a vote of 89 – 5 and the Senate 43 – 6. It is unusual for a Governor to veto legislation that passes both houses of the Legislature by such a wide margin. The Eminent Domain Bill had bi-partisan support because legislators in both parties heard from their constituents in significant numbers. The people of Iowa wanted the protections provided by HF 2351. It’s a shame this Governor acquiesced to special interests and ignored his duty to do what was right and just.

Legislative leaders are considering a special session to override the Governor’s veto. They need to hear from voters across the state. Call your state representative and your senator this week. Let them know you support an override of this veto.

It won’t be easy to get an override of a veto. The last time a Governor’s veto was successfully reversed by the Legislature was in 1963 when Harold Hughes was Governor. Your calls can make the difference.