Saying it is his constitutional right to protect his land from being taken unjustly, Muskogee County Farm Bureau member Jack Whitten testified Nov. 30 before the Oklahoma State Senate Committee studying how eminent domain is used in Oklahoma.
Land owned by Jack and his wife, Doris, is the subject of a case that has made it all the way to the Oklahoma State Supreme Court in a controversy involving condemnation of their land for construction of a private energy company pipeline. The Whittens are receiving legal support from the Oklahoma Farm Bureau Legal Foundation.
“I would like to see the Legislature pass a law that stops private business from taking private property,” Whitten said.
He may get his wish. Several state lawmakers have filed legislation for the 2006 session that would prohibit any government entity from condemning private property for private purpose.
That wording mirrors language in policy passed by voting delegates during the recent Oklahoma Farm Bureau convention.
“This is going to be the crucial issue of the 2006 legislative session,” said Lori Peterson, OFB Director of Public Policy.
Landowners such as the Whittens, will have the full support of the state’s largest farm organization on this issue.
“Protection of private property is at the very core of Farm Bureau’s existence,” said Steve Kouplen, OFB president.
The issue of eminent domain has been a hot topic since the U.S. Supreme Court’s controversial ruling in the Kelo vs. the city of New London (Connecticut) this past summer. Oklahoma is one of eight states considering legislation to strengthen private property rights. In August American Farm Bureau Federation President Bob Stallman testified before the joint Oklahoma legislative task force on eminent domain.
