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Eminent Domain Protections
S-915 DeFrancisco - A-661 Christensen
New Yorkers for Constitutional Freedoms recognizes that, since the US Supreme Court’s
decision in Kelo V. City of New London, churches and other not-for-profit organizations are particularly
vulnerable to eminent domain proceedings. In that case, the court ruled that economic development can
be deemed a valid “public purpose”, justifiably taking private property by eminent domain and granting
it to another private party.
New Yorkers for Constitutional Freedoms (NYCF) is pleased to lend support to a bill that seeks to
legislatively prevent any further loose judicial interpretations, such as the Kelo decision. Churches
and other not-for-profits are particularly vulnerable because they do not pay state or local property
taxes. Any developer could justify acquisition of this tax exempt property as a “public purpose”, based
on the court’s economic development ruling.
Within the first thirty days of the Kelo decision, three different churches contacted New Yorkers for
Constitutional Freedoms’ office, because eminent domain proceedings had been brought against them.
Churches and other not-for-profits need legislative protection from eminent domain proceedings based on
economic development.
Churches offer tremendous, though often unappreciated, benefits to their local communities, including the
stabilizing factor of family and marriage counseling, financial assistance, food and clothing distribution
and various youth and educational services.
This bill reaffirms the historic understanding of eminent domain proceedings; land taken through these
proceedings should only be taken for the benefit of truly public projects. It also requires that the
condemnor shall pay any relocation costs associated, should eminent domain be invoked.
NYCF urges passage of S-915/A-661.
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