RTC joins PISTOL lawsuit

The Regional Transportation Commission has joined a lawsuit to halt a state constitutional amendment designed to restrict the government's use of eminent domain laws to take private lands.

Transportation officials are concerned the amendment might interfere with future transportation projects.

PISTOL, or the People's Initiative to Stop the Taking of Our Land, passed for the second time on Nov. 4, receiving almost 61 percent approval from voters and making it an official amendment to the state constitution.

But the passage of PISTOL conflicts with state legislation passed during the 2007 session after a compromise was reached between transportation officials and PISTOL advocates. The Legislature must pass the compromise version again during the 2009 session and voters must approve the initiative in 2010 for it to become a constitutional amendment and supersede PISTOL.

State and local government officials are concerned that PISTOL could hurt their ability to pursue transportation and public works projects.

Transportation Commissioner Bruce Woodbury said legal confusion would ensue if the PISTOL amendment goes into effect while state legislators are still working to pass the compromise version a second time.

Woodbury said the lawsuit would put PISTOL on hold until the alternative version becomes a constitutional amendment.

The compromise legislation adds definitions for legitimate public uses and allows the use of eminent domain in private projects being done for a public good, such as a utility or road. Property owners would be entitled to a court case to decide whether the use is legal and legitimate.

It also sets guidelines on how to define just compensation to property owners whose land is taken by governments.

The compromise legislation extends the PISTOL requirement that any seized land be used for the intended purpose from within five to 15 years.

The transportation commission unanimously approved the lawsuit at Thursday's meeting.

Meanwhile, PISTOL backer and eminent domain attorney Kermitt Waters said he will fight the lawsuit. "To me, it doesn't make sense; there's nothing wrong with PISTOL," he said.

Waters said he believes the Legislature won't move forward with the compromise legislation if PISTOL isn't implemented.

Contact reporter Francis McCabe at fmccabe@reviewjournal.com or 702-387-2904.