Kelo Politics, Cont'd
Mike Beebe, Arkansas's attorney general and a Democratic gubernatorial candidate, said some complacent things about the state property rights after Kelo. Republican Asa Hutchinson pounced. The tussle suggests that takings will be an issue in the campaign, with each candidate trying to demonstrate his property rights bona fides. The Arkansas Democrat-Gazette reports:
Attorney General Mike Beebe said Tuesday that Arkansas property owners are adequately protected — much better than residents of most states — against the government taking their land for use by private developers.
Beebe, who is also a Democratic candidate for governor, said in a legal opinion that the Arkansas Constitution and numerous Supreme Court decisions make it clear that condemnation is only an option when property will be taken for public use. State courts historically have narrowly defined that type of use, he said.
Beebe's opinion was issued in his official capacity as attorney general, but it became immediate political fodder in the 2006 governor's race. A potential Republican opponent, Asa Hutchinson, declared that Beebe's approach was "passive."
Hutchinson said Beebe is suggesting that the state "doesn't need to do anything to protect people's property" even after a U.S. Supreme court ruling this summer opened the door for condemnations for private development. "It doesn't make sense to wait for somebody's land to be seized and then wait for the courts to decide the issue," Hutchinson said. "We have an opportunity to prevent potential abuses."
Hutchinson's press release on the subject is here.
Meanwhile, the Texas legislature has passed a bill strengthening property rights protections--but including provisions to protect the soon-to-be Arlington Cowboys in seizing land for a stadium.