Observations of the legal scene from the Cornhusker State, home of Roscoe Pound and Justice Clarence Thomas' in-laws, and beyond.
Monday, August 08, 2005
Neb. GOP candidates attack Kelo
Saturday August 6, 2005 Osborne rings in on eminent domain WORLD-HERALD
Republican gubernatorial candidate Tom Osborne called on state lawmakers Friday to act to protect private property owners from what he called an abusive use of the power of eminent domain.Osborne said that in light of a controversial U.S. Supreme Court decision in June, Kelo, which allows a city to acquire privately owned land and transfer it to a commercial developer, lawmakers should consider ways to protect Nebraska property owners.The 3rd District congressman and former University of Nebraska football coach is one of three candidates seeking Nebraska's 2006 GOP gubernatorial nomination. The others are Gov. Dave Heineman and Omaha businessman Dave Nabity.Nabity said he would be willing to study any proposal Osborne made to address eminent domain. He said that he, too, would like to see "safeguards put in place for property owners."Heineman said through spokesman Aaron Sanderford that he and his staff have already begun working with lawmakers to explore possible changes to Nebraska laws in light of the June ruling. He said Heineman believes in the "protection of private property rights."Osborne noted that he has supported a bill in Congress to prohibit use of federal housing and urban development funds to enforce the Supreme Court ruling. He also noted that a constitutional amendment has been drafted in Massachusetts to ban land seizures for commercial purposes.
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