Resolution 2005-57 COUNTY OF KENDALL )
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STATE OF ILLINOIS )
Resolution No. 2005 - 51
WHEREAS, the City Council of the United City of Yorkville finds that it is of
paramount importance to protect private properly from Local, State, and Federal
government eminent domain powers to take private property for private use; and
WHEREAS, the United States Supreme Court in Kelo v. City of New London held
by a 5 -4 decision that government may seize the home, small business, or other private
property of one owner and transfer that same property to another private owner, simply
by concluding that such a transfer would benefit the community through increased
economic development; and
WHEREAS, This Resolution is in response to the above stated controversial
ruling by the United States Supreme Court; and
WHEREAS, this Resolution is adopted to support prohibiting transfers of private
property without the owner's consent, if the transfer is for purposes of private use by
another or private economic development rather than public use; and
WHEREAS, the City Council is of the opinion that eminent domain powers
should be limited to such public projects as water /sewer lines, public parks, public
buildings, public right of way, utility development and other similar projects that benefit
the public as a whole and that the power of eminent domain should not be used simply to
further private use or private economic development; and
WHEREAS, it is appropriate for the City Council to take action, consistent under
the United States and the State of Illinois Constitution, to support restoring vital
protections of the Fifth Amendment and to protect homes, small businesses, and other
private property rights against unreasonable government use of power of eminent
domain; and
WHEREAS, the protection of homes, small businesses, and other private property
rights against unreasonable government seizure and other unreasonable government
interference is a fundamental principle and core commitment of our nation's founders and
the essence of what they fought for in the defense of their homes and private property;
and
WHEREAS, Thomas Jefferson famously wrote on April 6, 1816, the protection of
such rights is "the first principle of association, `the guarantee to every one of a free
exercise of his industry, and the fruits acquired by it;` and
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WHEREAS, it would likewise be appropriate for cities of the State of Illinois to
take action to voluntarily limit their own power of eminent domain as it is noted by the
Supreme Court "nothing in our opinion precludes any State from further restrictions on
its exercise of the takings power." Now therefore, we petition the State of Illinois
Legislature and its Governor and our Congress to put restrictions in place to restore the
vital protections of the Fifth Amendment; and
WHEREAS, the City Council supports legislation currently being promulgated in
the United States Congress and in the State of Illinois Legislature, that would clarify
government's exercise of its power of eminent domain to be limited only for public use,
rather than for private use or private economic development, and this standard of
protection would apply to all exercises of eminent domain power by the local, and state
governments; and
WHEREAS, it is appropriate for the City Council of the United City of Yorkville
to support Congress, and the State of Illinois Legislature, to take appropriate action,
consistent with the Constitution of the United States and the Illinois Constitution, to
restore the vital protections of the Fifth Amendment and to protect homes, small
businesses, and other private property rights against unreasonable government use of the
power of eminent domain; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE UNITED CITY OF
YORKVILLE:
THAT the City Council of the United City of Yorkville shall limit its use of
eminent domain to obtaining private property solely for public purposes and shall not use
the power of eminent domain for unreasonable seizure of private property for private use
by another or private economic development.
FURTHERMORE THAT the City Council of the United City of Yorkville does
hereby support and advocate the passage of federal and state legislation to limit
government's use of eminent domain for solely public purposes and protect the property
of private citizens from unreasonable seizure by federal, state and local governments.
EFFECTIVE DATE: This resolution shall be in effect from and after its
passage, approval and publication in pamphlet form as provided by law.
PAUL JAMES _� MARTY MUNNS v,
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JASON LESLIE ,,, WANDA OHARE
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VALERIE BURR ROSE SPEARS Q1
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DEAN WOLFER JOSEPH BESCO
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APPROVED by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this day o$ A.D. 2005.
A OR
PASSED by the City Council of the United City of Yorkville, Kendall County,
Illinois, this day of , A.D. 2005.
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
(630) 553 -8570
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