« Forest City in the News | Main | Eminent domain lawsuit coming today; another suit also in the works »
October 26, 2006
EMINENT DOMAINIA: Ballot initiative fine print, Kelo backlash and Korean American small-biz owners to demonstrate
NLG: Community Commentary, The Long, Long Arm of the “Kelo Plus” Initiatives
A legal analysis of "Kelo plus" ballot initiatives, which seek to rein in governmental regulation under the guise of property rights, by eminent domain legal scholar and activist John Ryskamp.
Gannett News Service, via HometownOnline, When should government take land? Michigan voters will get to decide the fate of Proposal 4 on Nov. 7:
If approved, the amendment will require the government to decide when to use eminent domain on a case-to-case basis using strict justification. Their authority to declare an entire area as blighted will be limited and determined individually. And only then, if the power of eminent domain is justified the government will be required to pay 125 percent of the fair market value to the owner, Nowling said.
San Jose Mercury-News, Voters should read fine print before making Prop. 90 decision
Polls show that few voters know what Proposition 90 is about, much less understand its significance. No wonder, given that relatively little money has been spent so far communicating messages for and against the initiative.
...
The proposal's promoters are selling it as a reform of eminent domain, the process governments everywhere use to force the sale of private property for public purposes. But it is much more than that. It is a sweeping change in the state constitution that could potentially affect just about every new state or local government regulation adopted in the future.
Prop 90 seems benign enough; it restricts eminent domain to traditional "public use" and prohibits private-to-private transactions, as in New London, CT and Prospect Heights, Brooklyn. But here's the rub:
Proposition 90 would require government to pay owners the amount the property would yield in its "highest and best use'' if the government left the property alone.
NoLandGrab: Here's a hypothetical — if your property is oil-rich but lies in an ecologially sensitive area, the government must pay you for your oil in order to protect the environment.
Sacramento Bee, Editorial: Speak up on 90, Governor
The editorial board of the Sacramento Bee is calling on Gov. Schwarzenegger to condemn Proposition 90:
The governor needs to come out strongly against Proposition 90. If voters were to approve this deceptive law, it would gut Schwarzenegger's efforts to improve flood control, preserve open space in the Sierra, upgrade transportation and ensure that cities and counties have adequate funds for public safety and other priorities.
El Paso Times,
Korean Chamber of Commerce to protest Downtown revitalization
About 160 Downtown business owners plan to close their stores for two hours today and march to City Hall to protest the city's proposed Downtown redevelopment plan, the leader of a Korean business group said Wednesday.
"We want to send a message to City Council and the mayor that we are together; we are here. We are creating Downtown activity," said Walter Kim, owner of KSM Corp., a store on South El Paso Street, and president of the Korean Chamber of Commerce of El Paso. Kim has also been involved in Land Grab Opponents of El Paso, which has threatened to sue the city over the Downtown plan.
NoLandGrab: In NYC, small-business owners are particularly vulnerable to eminent domain takings, many of whom are first- and second-generation immigrants. Ethnically based business networks in NYC have not spoken up against eminent domain abuse as they have in El Paso.
Posted by lumi at October 26, 2006 8:30 AM