FOR IMMEDIATE RELEASE – October 26, 2005

Contact: Rep. Hugh Floyd, 770-921-2735 or hughfloyd@mindspring.com

Rep. Floyd expects eminent domain legislation

State Rep. Hugh Floyd (D-Norcross) said Wednesday he expects eminent domain – the government’s process of seizing private property – to be a prominent issue when the General Assembly returns to the Capitol for its 2006 legislative session.

“The U.S. Supreme Court’s ruling earlier this year that upheld a Connecticut city’s use of eminent domain for the purpose of private development has been a source of great concern here in Georgia,” Floyd said. “Although our Attorney General has said this will not affect property owners in our state, local battles are taking place.”

Floyd noted that in the Henry County town of Stockbridge, the city government is using its power to seize property as part of a downtown revitalization effort. That case will be heard in federal court in December.

“Many lawmakers feel we should take some action in the 2006 session, and a special committee has been appointed in the Senate,” Floyd said. “Ironically, some of these same legislators were supporting Senate Bill 5, which would have expanded eminent domain in a manner very similar to the Connecticut law, during the last session.”

That legislation failed to get out of committee after a massive public outcry.

“I opposed Senate Bill 5 and will continue to fight against the expansion of eminent domain, but it is also important that we don’t throw the baby out with the bath water,” Floyd said. He noted it is sometimes necessary for local governments to utilize eminent domain to clean up blighted areas and make infrastructure improvements that benefit the entire community.

“I don’t want to tie the hands of local officials here in Gwinnett County when these types of improvements are needed for the public good,” Floyd said. “As we consider new legislation that would restrict eminent domain, we should seek the proper place to draw the line between the interests of the community at large and the rights of an individual property owner.”

Floyd, who represents the 99th House District, said he would welcome constituent input on the eminent domain issue. Contact him at 770-921-2735 or hughfloyd@mindspring.com.

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