Eminent domain reform remains active in Capitol
May 2, 2006
JEFFERSON CITY – Kerry Messer, lobbyist for the Christian Life Commission (CLC) of the Missouri Baptist Convention (MBC), suggested that Missouri Baptists contact their state senators to remind them of the value our churches provide to our communities.
Constituents can encourage their senators to vote for proposed eminent domain laws that give churches the most protection.
One of those is House Bill 1944, sponsored by Rep. Steve Hobbs, R-Mexico. As presented by Hobbs, the initial bill spelled out some basic rights that have been assumed in the past but were never put into code. These applied to churches as well as to individuals.
When a House committee reviewed the bill, elements were added to strengthen it as far as overall protections. It was approved by the committee and recommended for passage by the full House of Representatives.
However, HB 1944 went through major modifications and the amendment process on the House floor before being approved and sent to the Senate. Since then, a number of organizations have voiced their dissatisfaction with the House-approved version.
The CLC is particularly interested in how the amended wording might affect churches. HB 1944 refers to churches as follows:
“No condemning authority can use the power of eminent domain to take any property where a place of religious worship has been situated for a period of at least 10 consecutive years.”
Messer is hopeful that the reference to 10 years will be removed in the Senate, noting that circumstances tend to change with time.
He cites instances where churches have changed their names, merged with other churches, purchased additional property, or changed hands from one denomination to another. In some instances, churches have sat vacant for a couple of years before being restarted.
If the Senate is willing to eliminate the 10-year stipulation, it could provide more broad-based protection for new churches or for properties that have been transferred from one church to another.
Messer said this does not mean that private or public entities could not negotiate with churches. “Most churches I’m aware of have been very amiable to utility companies or road districts.” What they don’t want, he said, is private developers taking their property to build a strip mall.”
Messer said the Capitol is swarming with lobbyists who are being paid by private developers, local governments and public taxing entities who want to see the legislation stopped or watered down.
He believes legislators need to be reminded by constituents that the value of our churches and congregations to local communities far exceeds any value that any private developer or public entity could accomplish with that property. Therefore, he said, it deserves the highest level of protection.
With the legislative session ending at 6 p.m., May 12, the pressure is on to finalize eminent domain legislation.
Messer said it appears that the opposition’s strategy is to try to get the Legislature to pass a weak bill that does little or nothing in order to derail the momentum that has been created by the eminent domain question.
“We want to keep the momentum going and pass strong legislation while we have a window of opportunity,” he said.
The bill has had a hearing in the Senate Pensions Committee but had not come out of committee as of press time.