Federation of Connecticut Taxpayer Organizations

On June 23, 2005,� the� U.S. Supreme Court ruled that local governments may seize private property under eminent domain for use in private commercial redevelopment.

On July 11, 2005, the Town of Milford assumed a leadership role in protecting its property owners from this abuse of power by enacting the following Ordinance. �The remaining 168 Connecticut towns/cities should pursue similar action to protect its citizens.� Susan Kniep

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�AN ORDINANCE ENACTING ARTICLE I, SECTION 2-5, ADMINISTRATION,

OF THE MILFORD CODE OF ORDINANCES

(Prohibiting acquisition of certain property by eminent domain

for privately held or controlled economic development purposes)

WHEREAS,�� the Board of Aldermen of the City of Milford wishes to express its respect for the rights of its citizens who own and reside in residential real property in this City;� and

WHEREAS,� the Board of Aldermen of the City of Milford believes that a primary responsibility of government is to protect private property and home ownership;� and

WHEREAS,� the Board of Aldermen of the City of Milford views the United States Supreme Court�s decision in Kelo et al. v. New London et al. as a threat to citizens of the City of Milford who own residential real estate and live in their homes; and

WHEREAS,� it is the intention of this ordinance to prevent the application of the Kelo decision in this community by prohibiting the acquisition of certain owner-occupied residential real property by eminent domain for use in a municipal development project where the property would be privately owned or controlled and where the process would result in the homeowner�s losing his home.

NOW THEREFORE Be It Ordained and Enacted by the Board of Aldermen of the City Of Milford that �2-5 of the Milford Code of Ordinances is hereby enacted as follows:

2-5 Eminent Domain Powers Limited

Within the territorial limits of the City of Milford, no owner-occupied residential real property consisting of four or fewer dwelling units may be acquired by eminent domain for economic development purposes pursuant to General Statutes �8-128 to 8-133 inclusive, if the resulting project will be privately owned or controlled.� Nothing contained herein shall be construed to limit the use of eminent domain powers for public purposes including but not limited to the construction of sewers, highways, sidewalks, rights of way, flood, shore and erosion control purposes or for any other transaction where the property rights acquired will be held or controlled by the City of Milford.� This ordinance shall not conflict with any subsequently enacted State law on this subject matter.