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q A-II us SUPREME COURT AGREES TO HEAR NLC from page 1· · · · · · · · · · · · · · · · · · · EMINENT DOMAIN CASE McCain, who is Chairman of the Senate The United States Supreme Court has agreed Commerce, Science and Transportation Commit- to hear a Connecticut case dealing with local tee, had proposed an amendment that would set a governments' use of eminent domain to take firm deadline by which the federal government private property for "public use." The case - Kelo must give public safety agencies the broadcast et a/. \I. City of New London - arose when plans frequencies Congress set aside for them as part were announced to raze homes in a working- of the Balanced Budget Act of 1997. class neighborhood of New London to make way for a riverfront hotel, health club, and offices. New The McCain amendment passed by voice vote London had been hit hard by the closing of a major after Senator Conrad Burns (R-Mont.) proposed navel base and it had hoped to rebound through modifying language to permit broadcasters to stay the redevelopment project, which brought with it on the frequency "but only if all relevant public sorely needed jobs and tax revenues. safety entities are able to use such frequencies free of interference by December 31, 2007." For Several landowners in the affected neighbor- first responders, this means the compromise will hood filed suit, arguing that the city's actions require broadcasters on channels 62-69 to vacate amounted to an unjustified taking of their property. their spectrum if there is a bona fide request by They maintained that the city could only use its public safety agencies or pursuant to mutual power of eminent domain if it served to revitalize agreements. slums or blighted areas dangerous to the public. The city asserts that the condemnations were The amendment, as passed. still contains ... proper because the development plans served a language to create a grant program to provide "public purpose" in encouraging economic growth enhanced interoperability of communications for and are valid "public use" projects that outweigh first responders. NLC will continue to work with the property rights of the landowners. Senator McCain and supporters to address the funding issue. NLC is also strategizing with The Connecticut Supreme Court, in a 4-3 House members to ensure the inclusion Passage ruling, agreed with the city. The United Supreme of the amendment was solidified after calls from Court's decision to take this issue up is a develop- the targeted leagues of Arkansas, Louisiana, ment of concern, however. Maine, North Dakota, Oregon, South Carolina, North Dakota, Tennessee, Virginia, Washington, The League is helping to coordinate friend-of- West Virginia and Wisconsin voiced their strong the-court efforts for the city of New London. support of the McCain amendment. Others involved in the discussion include the National League of Cities, the State and Local A special thanks goes to state municipal Legal Center, and the International Municipal leagues, the Public Safety and Crime Prevention Lawyers Association. (PSCP) and Information Technology and Commu- nications (ITC) Committees, and members of the This issue has been on the League's radar Board and Homeland Security Task Force for screen for some time. For example, see Alice saturating Senate offices with telephone calls, Beasley's article When Government Takes emails and faxes in support of an amendment to Private Property: Public Uses and Private Ben- provide a date certain for the availability of spec- efits in the May 2003 edition of Western City. trum for public safety use. Visit the league's Official Web Site-www.cacities.org PRIORITY FOCUSIPAGE 5 - _.......~