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Legislator Suhrada Proposes Charter Amendment to Protect
Private Property, In Response to Supreme Court Eminent Domain
Ruling
Rotterdam - County Legislator Joseph Suhrada of District 4 todayproposed
talks with County Leaders to design protections to bar government
and Metroplex from seizing private property to turn over to
developers. Recently the Supreme Court ruled to expand eminent
domain powers and that has Suhrada and many homeowners alarmed.
Legislator Suhrada said "This out of control ruling smacks
of elitism at best and totalitarianism at worst. Residents in
my district are concerned that an unaccountable Metrolpex would
be the ideal platform for bureaucrats who would seek to use
this latest ruling to seize homes to turn over to developers."
Suhrada believes that private property is one of the hallmarks
of the American Way. "There is no room for our quasi-governmental
Metroplex to be able to use eminent domain powers to slam through
projects anywhere in our county. Homeowners need to be able
to control the destiny of their own properties, and I want to
be sure they are protected."
Suhrada expects that political leaders and Metroplex officials
will deny they have any intent, ever of using this faulty eminent
domain ruling in their future plans, but wants to be sure. "The
hope is that by codifying it, we will be able to have a system
whereby no matter what protestation we get from political types,
we have it written into law that we will NOT be doing this sort
of thing to our residents. I say trust but verify, and never
leave them at their word when it comes to something as sacred
as our homes.
As Schenectady County is increasingly becoming a one-party
form of government where Democrats control the City, County
and Metroplex board with political operatives, big money and
developers seem to have the edge over neighborhoods and small
landowners. It's time to ask our legislature to be accountable."
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Suhrada believes that if the politicians are serious about stopping
this power grab, they will sign the pledge. In the New York State
Assembly, Democrat Richard Brodsky has recently drafted a proposal
that seeks to offer some protections to property owners and City
Councilman Democrat Frank Maurizio recently went on the record
to back property rights. Suhrada sees this as an encouraging sign
that a bipartisan bill can be drafted at the County level.
Suhrada seeks the support of all Legislators and plans on asking
each one to take part in drafting the amendment, and signing a
"Private Property Protection Pledge" that they will
not abide by Schenectady County or it's Metroplex wing from grabbing
people's homes or farmland to build shopping centers, hotels,
restaurants or big-box stores. "Seeing as I am a member of
the minority and my past initiatives have been dismissed on political
grounds; I ask the majority Democrats who control the Legislature
and the Metroplex via their political party chairs, to be active
in protecting private property rights." Suhrada said, "I'm
certain with the expensive county legal team, the Democrats should
be able to help design a law that will actually protect homeowners
and taxpayers, instead of disenfranchising them."
Suhrada believes that only by amending the County Charter will
we be able to provide full protection. The traditional use of
eminent domain has been to build roads, bridges and damns, but
this further expanded definition is far more broad and could lead
to whole neighborhoods being wiped out to build a supermarket
or other Metroplex favorite. There is fear that developers who
are able to fund politicians will have far more influence on Metroplex
than homeowners and farmers. "I am worried that given this
new power, Metroplex and County officials could use this to enrich
their preferred developers. Politics and money can be a lethal
combination to private property and it is time to stand up and
say NO to this possibility. The legislature needs to draw a clear
distinction between public good and private gain."
By MIKE GOODWIN, Staff writer Times Union
First published: Thursday, August 25, 2005
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