State Senator David J. Cappiello, R-Danbury, today said that a bill that seeks to protect property owners from the government’s use of Eminent Domain does not go far enough. According to Sen. Cappiello, SB 167 An Act Revising the Process for the Taking of Real Property by Municipalities for Redevelopment and Economic Development makes changes in a few areas of the law that create more obstacles for local government before any private property can be taken but does not prohibit the taking of private property for economic development purposes.

“The changes that this bill makes to our laws concerning eminent domain are negligible and do not address the problems that we were (and are) confronted with following the Kelo case,” said Sen. Cappiello. “This is not a difficult issue. Private property of individuals is their private property. Under this bill, while the government may have to go through a few more hoops and hurdles, the bottom line is that the government will still be allowed to take property for commercial use. That is something I cannot support.”

Sen. Cappiello was referring to the landmark Kelo vs. New London Supreme Court ruling of June 2005 that allows the taking of private property for economic development purposes. Senator Cappiello said however that the court ruling gives power to each state to determine the usage of eminent domain. “When the ruling came down just under two years ago many people, not only here in Connecticut but around the nation, were shocked. Other states have already banned the use of eminent domain for economic development but not here in Connecticut.”

Sen. Cappiello also said that he was troubled by the fact that the bill had no provisions to protect tenants and businesses who lease property. “Many of our state’s small business owners are under lease and there is nothing in this law that would protect them should the property that is home to their business be taken. In essence, we are not placing any value on these businesses and should this ever happen they would have no recourse. I cannot support that,” said Sen. Cappiello.

“All this bill does is make it a little bit more difficult for a city or town to take property from one person and give it to someone else under the guise of ‘eminent domain.’ We’re not talking about a new road or a new school where as a last resort the government needs to take a parcel of land. This bill still allows government to take property and hand it over to developers for them to make money and does not address the real concern we continue to have over this issue,” said Sen. Cappiello.