BOARD OF
IN
THE MATTER OF PROTECTING THE PRIVATE )
PROPERTY
RIGHTS OF
RESIDENTS
) RESOLUTION 2006 -
WHEREAS, the United States
Constitution, in Article 5 of the Bill of Rights, and the
Constitution
in Article 1, Section 18, expressly provide for the protection of the private
property rights
of
its citizens; and
WHEREAS, the power of eminent
domain has been reserved to the local, state and federal governments for the
sole purpose of acquiring private property through the use of condemnation
proceedings when said privately held properties are needed for public purposes;
and
WHEREAS, the United States
Supreme Court recently handed down a decision upholding what
they
maintain is a local government’s ability to take private property for a
vaguely defined “public good”
such
as economic development, or increased tax revenues to the local government
itself; and
WHEREAS, this Supreme Court decision put at risk the very right of private individuals to be free from government interference in their right to keep and enjoy their private property; and
WHEREAS, this action by the
Supreme Court is contrary to and contravenes the aforementioned
constitutional
protections against such capricious and willful attacks by any governmental body
upon the
rights
of the citizens
NOW, THEREFORE, we the
Klamath County Board of Commissioners recognize and support the original concept
of the framers of the constitution wherein the power of eminent domain shall be
used only as a last resort to acquire private property for a public project, and
that any such public project can be demonstrated to be necessary to accomplish
the general welfare of the citizens of that jurisdiction.
FURTHER, this board deems any
departure from the original principles of eminent domain to be
an
assault on our basic foundations of liberty and a threat to the rights of
private property ownership; and
again
strongly urge all municipal jurisdictions within the State of
Legislature
to use all means necessary to strengthen the original purpose of the Rights of
Eminent Domain within the State Constitution.
DONE
AND DATED
this 16 day of
August , 2005.
KLAMATH
Al
Switzer, Chairman
William
R. Brown, Commissioner
John
Elliott, Commissioner
(If you'd like a copy that is signed, contact the Klamath County Commissioner's office at 883-5100.)