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| The Good and the Bad | | By: Don Johnson |  | | The good news is that House Bill 1313 passed the House and Senate relatively unweakened by special interest from the Georgia Municipal Association and the Association of County Commissioners of Georgia.
It is a positive step foreword in the fight to protect private property rights from the abuse of eminent domain.
The bad news is that the electrical power industry was not affected by the passage of HB1313. This was not surprising in light of their considerable political muscle in Georgia politics.
The electrical industry is one of the most blatant abusers of eminent domain.
A Senate Study Committee appointed to study the abuse issue found substantial evidence of widespread abuses and determined at the time that some form of oversight of siting issues was needed. At the time, no action was taken, with budget restraints given as a reason for no action.
Now we have our politicians congratulating each other and mugging for the cameras as the hero of property protection reform.
We still have the power industry stealing private property using eminent domain with no restraint, no oversight and no regulation in siting issues.
What about the Senate Study Committee findings?
The short answer is that few of our legislators are willing to tangle with the power industry in a meaningful way for fear of losing massive champaign contributions or political support.
Where does that leave us, the victims of eminent domain abuse?
Our legislators don’t have the guts to do what is right to protect us.
This leaves us with the final protection, the members of the jury.
Just as eminent domain has its basis derived from the 5th amendment of the Constitution, we have a right to have a jury determine value issues and facts in suits at common law, under the 7th Amendment.
Just compensation for property taken is to be determined by a Jury. They have the authority and the moral responsibility in that determination, to use their own judgment, their own conscience and their own sense of justice in setting just compensation.
Fair market value is a term not mentioned in any part of the Constitution.
In fact, fair market value does not exist when there is not a willing seller and buyer as in eminent domain condemnations.
Fair market value and just compensation are often completely different things.
Juries in Georgia are smart enough to recognize this.
Don Johnson, Dawsonville, GA
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