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May 24, 2007
Eminent Domainia
Sacramento Bee, Eminent domain measure unveiled
California wrestles with eminent domain reform:
California governments would no longer be able to take homes for use in a private development, according to changes in eminent domain law proposed by an assemblyman this morning.
But critics say the constitutional amendment and bill by Assemblyman Hector De La Torre, D-South Gate, don't go nearly far enough to protect property owners from eminent domain abuses.
...
De La Torre's Assembly Constitutional Amendment 8 would also prohibit governments from seizing a small business for a private development, unless it was part of a plan to get rid of blight and the business was given the chance to take part.De La Torre conceded that his plan would not rule out all use of eminent domain for use in private developments.
NoLandGrab: De La Torre has a point — just listen to the following reports from Missouri.
St. Louis Post-Dispatch, Centene case hits high court today
Get this, Forest City Ratner isn't the only corporation in the US that wants to expand next door and is having the government declare the property blighted so that it can be taken by eminent domain.
Centene Corp., which wants to expand its corporate headquarters in Clayton, is proposing to build an office and retail complex in the southwest corner of Hanley Road between Forsyth Boulevard and Carondelet Avenue. The development in Clayton's downtown business district would feature two connected all-glass office towers, with high-end shops and restaurants, parking and outdoor public spaces including a plaza and garden with a waterfall. Centene has assembled a group of internationally known architects and developers to plan the project.
Controversy has followed the development almost from the beginning. The Clayton Board of Aldermen in December 2005 declared the existing properties in the redevelopment area "blighted" and gave Centene the power to use eminent domain to acquire the land if necessary. Clayton officials and some local business leaders have strongly supported the development, saying it would bring jobs, economic development and vitality to Clayton and the region.
Property owners Daniel Sheehan, David Danforth and Debbie Pyzyk say they believe it's wrong to force out one private property owner for another for a commercial enterprise.
Rolla Daily News, Mo. Supreme Court considers whether there’s 'blight’ in Clayton
A redevelopment company Tuesday urged the state Supreme Court to approve the condemnation of buildings in a generally wealthy St. Louis suburb on the grounds that they are blighted.
The city of Clayton in 2005 declared the downtown buildings blighted so they could be seized through eminent domain as part of a project by Centene Plaza Redevelopment Corp.
Last month, a state appellate court said it would have ruled against the developer but instead transferred the case to the Supreme Court.
Most Supreme Court judges on Tuesday questioned whether the condemned properties truly qualified as blighted.
St. Louis Post Dispatch, Property owner wins eminent domain case in Arnold
Here's an interesting ruling in Illinois:
Dr. Homer Tourkakis will be able to keep his dental office here, even though the city has condemned the property to help make room for the large Arnold Commons shopping center, a Jefferson County circuit judge ruled Monday.
"It is the court's opinion that government has the inherent power to take private property by eminent domain for true public purposes," Judge M. Edward Williams wrote in his three-page ruling.
"These uses would include the construction of roads, sewer systems, water lines and many others but most emphatically would not include the construction of a shopping center by a private developer as is the case here," the judge said.
AP, via WRAL.com, Eminent Domain Amendment Approved by NC House
NC voters will get a chance to rein in eminent domain abuse:
The House agreed Thursday to let North Carolina voters decide whether to change the state constitution to ensure the government could only condemn private property for a public use.
Queens Times Ledger, No eminent domain in Brooklyn
Develop Don't Destroy Brooklyn spokesperson and Atlantic Yards homeowner Dan Goldstein corrects the record:
In your article on eminent domain in Willets Point that appeared May 10, attorney Robert Goldstein said that Willets Point business owners who are reviewing their legal options "need not look further than the city's Atlantic Yards project in Brooklyn, where eminent domain was recently used to take property despite several lawsuits filed by area residents."
Mr. Goldstein is mistaken in three ways. The Atlantic Yards project is a state project, not the city's project.
The state has not moved yet to seize the property. Why? Because owners and tenants are currently in the Eastern District Federal Court of New York challenging the use of eminent domain for Bruce Ratner's project, alleging that its use is an abuse and violates the U.S. Constitution. That suit is very much alive.
I should know, I'm a homeowner-plaintiff in that lawsuit.
American Institute of Architects (AIA)
The Regional and Urban Design Committee of the AIA sent an email to their members this week with a link to a report on eminent domain:
Last year the Urban Land Institute (ULI) assembled a diverse group of architects, developers, lawyers, public officials, and others from around the country to meet with members of the ULI’s senior staff and fellows group to discuss the future of eminent domain. Participants thought responsible and equitable use of eminent domain was critical to pursuing several goals that are critical to the AIA, most notably
Revitalization of neighborhoods, Main streets, and downtowns * Smart growth and regional sustainability * Historic preservation * Economic vitality * Disaster recovery
Participants asked the ULI to prepare a thoughtful analysis to assess the issues that many raised related to eminent domain and indicate the appropriate uses for eminent domain and the right kinds of planning processes to support the decision to use eminent domain. The ULI commissioned a report by Doug Porter and the result is a guide that should be of value to any AIA member who is interested in the future of eminent domain. In particular, the report offers useful talking points that can assist AIA members in leading discussions on the role of eminent domain in their own communities.
Eminent Domain: An Important Tool for Community Revitalization (PDF)
Posted by lumi at May 24, 2007 8:52 PM