MONTGOMERY - Governor Bob Riley signs a law that gives Alabamians the strongest
private property rights in the nation.
In a ceremony in the State Capitol’s historic Old House Chamber, the Governor called the U.S. Supreme Court’s recent
ruling on property rights "misguided" and a "threat to all property owners."
"In response, a property rights revolt is sweeping the nation and Alabama is leading it," Governor Riley
said, noting that press reports say Alabama is the first state in the nation to pass a new law in response to the
high court’s June 23 decision in Kelo vs. City of New London. In that case, the Supreme Court ruled 5-4 that local
governments can seize homes for private development.
At least eight other states had already passed laws before the court’s ruling that forbid the use of eminent domain
for economic development unless it is to eliminate blight.
"Alabamians can rest assured that their homes, their farms, their businesses and other private property are
safe from being seized by government for a shopping center or a factory, an office building or new residential
development. With this new landmark law on the books, Alabamians will have the strongest property protections in
America," said Governor Riley.
The bill was included in Governor Riley’s call for the recently concluded special session and it was approved by
an overwhelming vote in the House and Senate. The new law prohibits the state or local governments from condemning
private property in non-blighted areas for the purpose of retail, commercial, industrial, office or residential
development.
"What our new law does is restore the level of protection that existed prior to the Supreme Court’s ruling
in June," Governor Riley said. "That ruling is a reminder of the awesome power that activist judges have,
and unfortunately use, to rewrite our Constitution. What Alabama is doing with this new law I just signed counteracts
that ruling."
