Eminent Domain, Budget Top State League Legislative Priorities



by Sherry Conway Appel

Results from a new survey of state municipal leagues conducted by the National League of Cities show that eminent domain, preserving the local taxing authority and state fiscal support for local governments topped the list of municipal priorities as states across the country begin their legislative sessions.

Thirty-four of the 43 state municipal leagues responding to the informal survey listed the preservation of local authority to use eminent domain as an issue of immediate concern.

Other top concerns included funding for infrastructure, transportation and education, and state tax reform or tax restructuring.

“State legislatures will be grappling with significant issues in the coming year that will directly affect the ability of cities to revitalize their communities, raise revenues and support needed constituent services,” said Donald J. Borut, NLC executive director. “We must speak with a loud and clear voice on behalf of the 225 million people who live in our cities and towns and make sure their needs are kept at the forefront of every debate and every vote cast in our state capitals.”

State municipal league officials also cited land use development; personnel and labor issues; telecommunications issues; home rule and local preemption; and annexation as critical issues for cities.

In many respects, the issues parallel those that are being debated at the federal level. NLC supports the view that decisions over the use of eminent domain, franchising authority, and telecommunications taxation should be determined at the local level, where elected officials can more appropriately weigh-in with their unique concerns.

The survey found that local issues were better received by state officials when there was more frequent communication between local elected officials and state legislators, including lobby days where legislators are educated about the key role played by cities as economic engines for their respective states.

Details: For more information, contact Sherry Conway Appel, (202) 626-3003 or appel@nlc.org, or Latricia Good at (202) 626-3051 or lgood@nlc.org.

For more news and information about NLC and local government issues, visit www.nlc.org.

Findings of Informal Survey of State Municipal Leagues

Several months after the U.S. Supreme Court decision, Kelo v. City of New London, 34 of the 43 state leagues that responded to the NLC survey listed eminent domain as an issue of primary or secondary concern in 2006.

• The five most often cited fiscal and budget issues of primary or secondary concern are:
1. Preserving local tax authority and preserving the local tax base
2. State aid/funding for local governments
3. Infrastructure/transportation funding
4. Education funding
5. Tax Reform/Tax Restructuring

• Besides eminent domain, the five other most often cited non-fiscal and non-budget related issues that were of primary or secondary concern include:
1. Land use development
2. Personnel/Labor Issues
3. Telecommunications Issues
4. Home Rule/Local Control/Preemption
5. Annexation

• In their 2005 sessions, state municipal leagues reported legislative victories for cities and towns in the following issue areas:
1. Increasing amounts or preventing cuts in state aid to cities and towns
2. Preventing or limiting cuts to state-shared revenue, as well as increasing state-shared revenue
3. Preserving existing municipal authority in a variety of areas

• In their 2005 sessions, state municipal leagues reported legislative setbacks for cities and towns in the following issue areas:
1. Reductions in state aid
2. Failure to pass reforms to curb the imposition of state mandates on cities
3. Reductions in municipal authority and local control


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