The last of three constitutional amendmentsappearing on the Nov. 8 ballot would restrict the state’s power ofeminent domain.

    Initiative 31 would bar the state government from using eminentdomain to seize property for private development.

    On the ballot, the initiative asks, “Should government beprohibited from taking private property by eminent domain and thentransferring it to other persons?”

    Supporters describe the amendment as protecting individualliberties against overreaching government.

    “We don’t think the government should have the authority to turnover your land to private developers,” said Randy Knight, presidentof the Mississippi Farm Bureau Federation.

    The Farm Bureau has been a strong supporter of the initiative. Butin an interview Thursday Knight emphasized he does not believe theamendment is simply an agricultural issue.

    “It affects everyone,” Knight said. “For most people that ownprivate property, private means private.”

    Mississippi Development Authority Chairman Leland Speed and Gov.Haley Barbour have both expressed fears that the amendment couldharm the ability of the state to attract industrialdevelopment.

    Knight doesn’t feel that those fears are legitimate.

    “We think economic development begins with a willing buyer and awilling seller,” Knight said. “We’re just trying to create a levelplaying field.”

    Cliff Brumfield, Brookhaven-Lincoln County Chamber of Commerceexecutive vice president, explained some of the uses of eminentdomain in Mississippi.

    “In the vast majority of eminent domain cases, the privatelandowner is willing to participate but the process has to beundertaken to ensure a clear deed,” Brumfield said.

    Brumfield said use of eminent domain is generally accepted forprojects that remain under state ownership, such as public highwaysand bridges. The use of the power to seize property that is thentransferred to another private owner and not retained by the stateis what Initiative 31 aims to curtail.

    Speed has stated that abuse of that power is not a problem inMississippi.

    In a brochure published by the Secretary of State’s officecontaining arguments for both sides of the issue, Speed stated,”Our state constitution already protects landowners. The system hasworked for over 100 years.”

    Brumfield also said he has not witnessed abuse of the program inMississippi.

    Knight does not disagree.

    “This is a proactive measure,” Knight said of Initiative 31. “Wefeel like it’s easier to get it stopped before it getsstarted.”

    Concern about the use of eminent domain the amendment targets beganafter a 2005 U.S. Supreme Court Decision, Kelo v. City of NewLondon. The Kelo decision ruled the taking of land for privatedevelopment as constitutional.

    Following that ruling, Knight said 43 states have adopted toughereminent domain restrictions.

    In 2009 the Mississippi Legislature passed bill aimed atrestricting eminent domain, but Barbour vetoed the legislation.

    Both candidates for governor, Republican Phil Bryant and DemocratJohnny DuPree, have offered support for the amendment.

    The proposed amendment stipulates a period of 10 years after whichproperty seized by the state government through eminent domaincould not be given to private owners. After the 10-year period, itwould be permissible.