Nebraska Cattlemen seeks to protect private property rights

Nebraska Cattlemen testified Feb. 15 in support of LB 924, a bill which would protect private property rights.

The bill, introduced by Senator Deb Fischer, was discussed during a public hearing held by the Judiciary Committee.

The bill is a response to the recent U.S. Supreme Court case Kelo vs. City of New London. The court upheld a local Connecticut government's action to take private property for the use of a private redevelopment project. LB 924 states that a condemner may not take property through the use of eminent domain if the taking is for an economic development purpose. Economic development is defined as taking private property for subsequent use by a commercial for-profit enterprise or to increase tax revenue, tax base, employment, or general economic conditions.

The bill allows exceptions to this general rule, including exercising the power of eminent domain for public ownership, such as for a road or hospital, removing harmful uses of the land, the need for public utilities or railroads, and taking substandard or blighted property under the Community Development Law.

Larry Smith, a farmer/feeder from Ashland and Nebraska Cattlemen Vice President, told the committee that LB 924 is one of NC's top four priority bills. "Private property rights have always been a paramount issue with cattle producers. We depend directly upon the land for the livelihood of our businesses and our families. The Supreme Court decision last year is a direct assault on the value and integrity of owning and properly managing property. By allowing the government to use eminent domain to take land from one private land holder and give it another on the basis of perceived economic value is against democracy and freedom," Smith said.

LB 924 would protect agricultural land owners and help maintain stability in property prices and tax revenues, Smith said.

The Nebraska Cattlemen association serves as the spokesman for the state's beef cattle industry and represents professional cattle breeders, ranchers and feeders, as well as 48 county and local cattlemen's associations. Its headquarters are in Lincoln and second office in Alliance serves cattlemen in western Nebraska.

Date: 2/22/06