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BOARD OF COUNTY COMMISSIONERS
KLAMATH COUNTY, OREGON
IN THE MATTER OF PROTECTING THE PRIVATE )
PROPERTY RIGHTS OF KLAMATH COUNTY )
RESIDENTS ) RESOLUTION 2006 -
WHEREAS, the United States Constitution, in Article 5 of the Bill of Rights, and the Oregon
Constitution in Article 1, Section 18, expressly provide for the protection of the private property rights
of its citizens; and
WHEREAS, the power of eminent domain has been reserved to the local, state and federal governments for the sole purpose of acquiring private property through the use of condemnation proceedings when said privately held properties are needed for public purposes; and
WHEREAS, the United States Supreme Court recently handed down a decision upholding what
they maintain is a local government’s ability to take private property for a vaguely defined "public good"
such as economic development, or increased tax revenues to the local government itself; and
WHEREAS, this Supreme Court decision put at risk the very right of private individuals to be free from government interference in their right to keep and enjoy their private property; and
WHEREAS, this action by the Supreme Court is contrary to and contravenes the aforementioned
constitutional protections against such capricious and willful attacks by any governmental body upon the
rights of the citizens
NOW, THEREFORE, we the Klamath County Board of Commissioners recognize and support the original concept of the framers of the constitution wherein the power of eminent domain shall be used only as a last resort to acquire private property for a public project, and that any such public project can be demonstrated to be necessary to accomplish the general welfare of the citizens of that jurisdiction.
FURTHER, this board deems any departure from the original principles of eminent domain to be
an assault on our basic foundations of liberty and a threat to the rights of private property ownership; and
again strongly urge all municipal jurisdictions within the State of Oregon to encourage the Oregon State
Legislature to use all means necessary to strengthen the original purpose of the Rights of Eminent Domain within the State Constitution.
DONE AND DATED this day of , 2005.
KLAMATH COUNTY BOARD OF COMMISSIONERS
Al Switzer, Chairman
William R. Brown, Commissioner
John Elliott, Commissioner
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