The Rio Grande Foundation

Albuquerque, New Mexico March 8, 2006. In a move that Rio Grande Foundation President Paul Gessing described as “shocking,” Governor Richardson became the first governor in the country to veto legislation aimed to give increased protections to individual property owners in Eminent Domain cases.

In June 2005, the Supreme Court’s decision in Kelo v. New London reinterpreted the Fifth Amendment’s prohibition on the “taking of private property for public use without just compensation” to mean that any eminent domain taking, even for the express benefit of another private entity was legal as long as the condemning authority had a “plan” and officials believed that some public benefit would result from the taking.

The Court’s decision explicitly discussed the possibility that states could place restrictions on the use of eminent domain. Until Governor Richardson's veto, no Governor had opposed efforts to limit Kelo’s reach.

“Polling data clearly shows that Americans of all walks of life are strongly opposed to the Supreme Court’s broad interpretation of eminent domain and would thus disapprove of Richardson’s veto,” Gessing points out.

According to one poll taken by the American Farm Bureau earlier this year, 83 percent of Americans oppose the use of eminent domain to further private development initiatives. In that same survey, an overwhelming 95 percent expressed disapproval of the Kelo decision.

Supreme Court Justice Sandra Day O’Connor wrote, “Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms.”

“It is surprising that Governor Richardson, someone who preaches concern for poor and working class New Mexicans, has taken the side of the rich and influential developers on this issue,” Gessing concluded.