Legislative Action and Inaction
For four consecutive legislative sessions, MFBF urged legislators to
protect homeowners and landowners from such confiscation, but to no
avail. The 2009 Legislature passed H.B. 803, which prohibited the taking
of private property under the guise of economic development for private
development or business. Both House and Senate passed the bill, but
the Governor vetoed it. The House overrode his veto, but the Senate
failed to override the veto by a handful of votes. At the first of several
2009 special sessions, a bill supported by the administration, but with
much less reform, was not even brought out of committee. So once again,
the more things change, the more they remain the same, and eminent domain
reform in Mississippi was again thwarted.
An advantage of constitutional amendment instead of a statute is that,
if enacted, it would be much more difficult to change because that would
require a 2/3 vote of each house plus approval by the voters, another
constitutional amendment. Of all previous citizen’ initiatives
only one has gotten on the ballot, term limits, and it failed.