3/05/2006

Panel OKs toll-road limits: Denver (CO) Post, 1/20/06

Fight against "takings"

By Jim Hughes

Undeterred by Gov. Bill Owens' veto of the same proposal last year, the Senate Transportation Committee on Thursday unanimously approved a measure that would prohibit private toll-road developers from using eminent domain powers to condemn land.

The Republican sponsor of Senate Bill 78, Sen. Tom Wiens of Castle Rock, said negotiations with Owens' office have so far yielded no compromise on the issue that last spring brought hundreds of activist homeowners to the state Capitol.

The controversy arose when it became known that the Front Range Toll Road Company planned to use a 19th-century law to condemn a swath of land to the east of Front Range communities so it could build a for-profit north-south tollway. Wiens' bill would do away with the condemnation powers offered in that law, forcing toll-road companies to enter into partnerships with governments.

"When your house and your land is in danger of being taken from you, it changes your whole attitude," explained Barbara Fillmore, whose ranch straddling the line between Elbert and El Paso counties lies in the proposed transportation corridor.

Fillmore and a handful of other homeowners attended Thursday's hearing at the Capitol, saying they were gratified to see the committee once again support Wiens' legislation.

Supporters of the bill are hoping this election year for a change of heart from Owens or a willingness in the General Assembly to override another potential veto, said homeowner Patty Sward-Malczewski of Elizabeth. It takes a two-thirds majority in the House and the Senate to overcome a governor's veto.

"If you're up for election or re-election, why would you vote against this?" Sward-Malczewski said. "It doesn't make political sense."

Owens vetoed Wiens' bill last year because he said he didn't want to preclude private solutions to transportation problems in the state, he said.

But that argument does not hold up to scrutiny, Wiens said Thursday. There are other ways for private companies to build toll roads without condemnation


Denver Post: www.denverpost.com

Eminent domain on agenda: Cullman (AL) Times, 1/21/06

By David Mackey

After passing a law designed to curb the use of the "eminent domain" power to seize citizens' property following a controversial decision of the U.S. Supreme Court, Alabama legislators are considering several proposals to go even further. Cullman County's state representatives said they have yet to come out in favor of any of the proposals.

Sen. Larry Dixon, R-Montgomery, has proposed an amendment to the state constitution barring the taking of private property for commercial or industrial development. His amendment would also require that if any property is seized, not used for the stated purpose and then sold, it must first be offered for sale back to the original owner at the price paid to them upon seizure, less taxes.

Sen. Jack Biddle, R-Gardendale, has proposed an amendment nearly identical to Dixon's, but allowing seizures of "blighted" property in urban renewal zones.

An amendment offered by Sen. Steve French, R-Birmingham, bars the state and Alabama municipalities from taking property for "any purpose other than actual use by the public." French's amendment also mandates that property owners are entitled to monetary compensation for any use of eminent domain that restricts their rights to use their property.

The state Legislature passed a law in 2005 barring eminent domain seizures for private purposes after the U.S. Supreme Court declared such takings constitutional in a Connecticut case known as Kelo v. New London.

All amendments to the state constitution must be approved by Alabama voters.

State Rep. Neal Morrison, D-Cullman, said Friday he was "not in favor of anything out there right now."

"I'm looking at all the options, but we've got to be real cautious," Morrison said.

He said he was concerned that a hastily-enacted amendment could inadvertently impede takings for traditional public purposes like building roads or schools. As an example, he spoke of a project to widen Highway 278 to improve safety.

"If it means taking somebody's property, then I'm in favor of taking it ... because it's for the good of the public as a whole," Morrison said.

Rep. Jeremy Oden, R-Vinemont, said he favored French's proposed amendment over the others, and hopes to add a clause of his own if a bill reaches the House.

Oden said he wants any amendment to include a provision that if a seized property is sold within seven years of its taking for more money than was paid to the owner, the original owner of the property would then be paid the difference.

He said he believes the proposed amendments do, and should, allow takings for public purposes.

"Utilities and roads, that's the reason (eminent domain) was developed, not for economic development reasons or anything like that," Oden said Saturday.

State Sen. Zeb Little, D-Cullman, did not return messages seeking comment.


Cullman Times: www.cullmantimes.com

Owners claw against eminent domain bid: Contra Costa (CA) Times, 1/22/06

By Laurie Phillips

Demolition will begin by summer on a handful of buildings along Railroad Avenue, and after the scraps are cleared and fresh lawn is rolled out, a lush green strip will mark the entrance to a city intent on improving its image.

The city of Pittsburg [CA] expects to pay as much as $3 million to acquire the 13-parcel stretch at the corner of California Avenue and construct a sound barrier. But it's not enough, say two men who own parcels the city needs to proceed with the project. They believe the city is lowballing them for prime land adjacent to Highway 4.

"Because no one is challenging them, they do whatever the heck they want," Dave Shepard, who operates a real estate business on one of the parcels, said of Pittsburg's leaders. " ... They really need to understand, 'Hey, you're out of line.'"

Shepard and Jack Moore, who owns a building near Shepard's now leased by an engineering firm and Caltrans, know what the city is doing is legal but don't believe it is fair.

"Justify it? They don't have to justify it," Moore said. "They have eminent domain on their side."

Kerry Lyman, the project manager for the site, said the city has been more than fair in offering both men just compensation for their properties, required by law when cities acquire private land for public projects through eminent domain. Relocation agents have met with Moore and Shepard to explain the process and help them find a new location.

Independent appraisers hired by the city most recently valued Shepard's property at $360,000 and Moore's at $365,000. Garrett Evans, director of the city's redevelopment agency, said the city paid somewhere in the high $200,000s to low $300,000s to buy the other properties along that stretch.

To receive more money, Lyman said, the men must prove their properties are worth it.

"We have a fiduciary responsibility, because this is taxpayer money we're spending, not to just throw dollars at people and make them go away," he said. Noting the men have used arguments about square footage and location to demand more money, he added, "I don't know if I can blame them, but you can only go so far without abusing the system."

While property owners do not see the complete appraisal created for the city for each parcel, Evans said they are offered the highest value for their land based on one of three approaches: income generated by the property, comparable sales in the area or cost to rebuild the building. Using recent sales tends to yield the highest value in this market, he said.

Evans invited Moore and Shepard to submit their own appraisals for consideration. In past cases when the owner produced a valid appraisal that was higher than the city's, he said, the property value was determined by splitting both appraisals down the middle.

Both men said they plan to conduct their own appraisals, but only Moore plans to submit his to the city for consideration. Shepard said he'll submit his in court.

Attorney Mark Epstein of San Francisco law firm Seiler Epstein Ziegler & Applegate, who has worked on many eminent domain cases, encouraged both men to submit their own appraisals to the city. In the process that follows, he said, property owners typically receive more than what they were originally offered for their land.

That said, he added, Moore and Shepard should be mindful of the fact that "a real estate appraiser is looking at what zoning in the area allows to be built there, not necessarily what's there."

The men also wondered why an uninhabitable residential property Shepard used to own elsewhere in Pittsburg was appraised at $360,000 – the same amount he was offered for his land by the freeway.

With some exceptions, Evans said, residential land is worth more than commercial land in Pittsburg because there is higher demand for it.

Shepard must vacate his building by March, Moore after the highway improvements in the area are finished.

"I know in the end, I'm going to come out ahead in this," Shepard said. "I'm going to win. But I feel obligated to take this as far as I can so something happens."

Evans believes people are treated fairly when their properties are acquired by eminent domain, a process that he said allows ample opportunity for public participation.

"When we sit down with somebody (whose property) we're looking to acquire, we encourage them to seek another appraisal, seek legal representation, to make sure that all their legal interests are considered," Evans said. "Our end goal is to seek a resolution to this that both sides can walk away from."


Contra Costa Times: www.contracostatimes.com

Don’t tinker with eminent domain law: (Des Moines IA) Business Record, 1/22/06

Our View

There’s a classic David vs. Goliath battle brewing in the Legislature over the government’s use of eminent domain. In the end, it may not amount to much more than a lot of bluster about a power history shows hasn’t been abused much in Iowa.

Oh, the proposed law will play well in rural Iowa. It’ll play well with entrepreneurial mom-and-pop business owners like some of those in the East Village area who fear failure to bring their buildings up to standards set by new developers may result in their losing their properties in a condemnation battle. It’ll play with libertarian-thinking people who like to keep the government at arm’s length. For all of that chest-thumping on behalf of the little guy, though, a bill in the Iowa Senate that would sharply limit a government’s ability to condemn land looks more like election-year grandstanding than actual problem-solving.

In theory, private property rights, engrained in our national psyche as one of the most basic of human rights, are worth protecting at all costs. The problem with that line of thinking is that it doesn’t address how one party’s property rights are infringed upon by an adjoining owner’s decision to allow property to exist in squalor. Looking at the issue through that lens, it’s hard to argue against eminent domain when it’s used to acquire truly blighted areas so run down that they inhibit development around them, thus spurring redevelopment for public purposes or even another private development that lends stability to a neighborhood. It’s also hard to argue that its use isn’t improving downtown Des Moines’ west side, where the Western Gateway Park was a stimulus for impressive private development projects like the Meredith Corp. expansion and the Nationwide-Allied Insurance, ING Insurance and Wells Fargo Financial buildings.

It should be understood that a government’s condemnation power is effective only when used sparingly and other means of acquiring land have been exhausted. That’s been the tradition in Des Moines and throughout Iowa, and there simply is no evidence, anecdotal or empirical, to suggest that local government officials suddenly will embark on a reckless spree to acquire land for retail stores, manufacturers, hospitality businesses and other economic activities.

But to strip local governments of the power of eminent domain because they might eventually abuse it seems unnecessarily harsh. Talking about it should be warning enough for them to stay on course : Use eminent domain wisely and sparingly, or lose the power altogether.


Des Moines Business Record: www.businessrecord.com

Eminent domain looms over downtown project: (Eugene OR) Register-Guard, 1/22/06

By Edward Russo

It's called the ultimate weapon or the last resort.

Whatever the name, the power of eminent domain, as exercised by the city of Eugene, could play a pivotal role in the unfolding downtown redevelopment drama.

Yet Oregon voters - through a statewide ballot measure regarding eminent domain - ultimately may influence what the city can or cannot do to acquire land along Broadway on behalf of developers.

City officials say they don't want to use eminent domain to acquire land for a proposed shopping, office and entertainment complex on Broadway.

They say they will try to help the developers and property owners reach sales agreements that the developers have so far been unable to accomplish on their own.

"The (City) Council's pretty clear that eminent domain is something that we rarely use," said City Manager Dennis Taylor. "Our charge is to work on how we can get a project to go forward, rather than some type of veiled threat about condemnation."

But city officials haven't ruled out the possibility of using eminent domain, either.

And that's where the ballot measure could come in.

Last year, a divided U.S. Supreme Court upheld the constitutionality of local governments' forcing private property owners to sell in order to make way for private commercial development if there is a legitimate public purpose.

The ruling has prompted backlash efforts to strengthen property-owner rights in several states, including Oregon.

Oregonians in Action, a property rights group, is circulating signature petitions to put a measure on the November ballot that would prevent governments from acquiring land from one private property owner and selling it to another property owner for private use.

"We are trying to remedy the very narrow situation where the government says, `We know better than you what to do with your property, so we are going to declare your property as blighted, take it from you and give it to this developer who will put it to what we think is a much better use,' "said Ross Day, a lawyer for Oregonians in Action.

The Oregon Constitution and state laws give local governments wide latitude in using eminent domain, Day and other lawyers said.

In eminent domain, a court, after hearing arguments from both sides, sets the sale price that a government must pay an owner for his property.

The state constitution allows cities to use eminent domain as long as the property is being acquired for a "public use."

"Public use" is a broad term that can include economic development, said Glenn Klein, an attorney for the city of Eugene.

So, local governments are not limited to using eminent domain for roads, public buildings, parks and other publicly owned facilities. There are no laws preventing governments from acquiring property under eminent domain and then selling it to a private property owner as long as the project is "associated with some kind of public benefit," Klein said.

Public urban renewal agencies have used eminent domain to acquire blighted property, clear sites and improve streets, and then to sell the land to private owners for development, he said.

The Connecticut connection
The use of eminent domain by New London, Conn., triggered last year's Supreme Court case. New London, through a private, nonprofit development agency, sought to acquire private homes along a waterfront and then to sell the land to developers. The developers were to build offices, housing, a marina and other facilities near a proposed $300 million research center by pharmaceuticals giant Pfizer.

Justice John Paul Stevens, writing for the majority, cited cases in which the court has interpreted "public use" to include slum clearance and land redistribution.

Stevens wrote that a "public purpose" such as creating jobs in a depressed city can be used to satisfy constitutional requirements for condemnation. "Promoting economic development is a traditional and long-accepted function of government," he wrote.

If Oregon voters approve the pending ballot measure, that could prevent Eugene from acquiring downtown property through eminent domain and selling it to a private developer, Day said.

However, the ban would not likely stop a condemnation that got under way before the law took effect, he said.

Whenever a government agency gets involved in redevelopment, there's a chance it will consider using condemnation.

The downtown Eugene proposal is particularly volatile because many of the private properties the developers - Tom Connor and Don Woolley and their partner, The Opus Group - want to secure are owned by small-scale business people and are occupied by tenants, including stores, taverns and offices.

If city officials fail to help the property owners and the developers reach sales agreements, the City Council could be asked to approve condemnation. That would test how far councilors are willing to go to support the developers' plan.

"I wouldn't rule out the possibility of condemnation, but you really would have to make a case for that," said Jack Roberts, director of a Eugene-Springfield business recruitment agency, and a joint owner of a Broadway building in the project footprint sought by the developers.

Roberts said he's willing to sell. But many of the other adjoining property owners are more reluctant.

Viable existing businesses
Scott Kirkpatrick, who lives near downtown Eugene, doesn't object to the city helping Connor and Woolley redevelop the properties they own downtown. But, to him, it makes no sense for the city to condemn buildings that house viable businesses, such as the John Henry's and Horsehead taverns. Kirkpatrick, who patronizes those night spots, noted that Connor and Woolley own downtown buildings that are mostly empty, plus the pit on Willamette Street that once was the site of the F.W. Woolworth building.

"I would like to see the energy spent there first, before we condemn businesses that already employ people and bring people downtown," Kirkpatrick said.

Taylor, the city manager, said that in coming weeks city employees will act as ambassadors of sorts between property owners and developers, to see if sales deals can be reached.

City employees could play a similar role to that of Springfield officials, who have sought purchase options on property in the Glenwood area as a possible site for the McKenzie-Willamette Medical Center, he said. In those cases, Springfield officials asked property owners to name their price. About a dozen owners responded with initial prices averaging a lofty $1.1 million an acre.

There are other ways for the developers to acquire property besides agreeing to a high price, Taylor said. Those may include giving property owners an ownership stake in the new development, or rental space in it at favorable rates, he said. "There are a lot of ways to skin this cat," Taylor said.

At a Jan. 9 council meeting, most councilors were enthusiastic about the downtown project. Still, the majority worried about possibly having to weigh the development's potential benefits against the negatives of condemnation.

Council divided
Councilor Chris Pryor said he likes what he's heard of the Connor and Woolley project.

Connor and Woolley are "longtime community residents who want to build something that will be beneficial commercially, and contribute to the overall quality of life," he said.

But the city should use condemnation only "under the most extreme circumstances, where all other options have been exhausted and the community's need has been established," he said.

Councilors Betty Taylor and Bonny Bettman said they were troubled by the prospect of condemnation. They objected to giving city staff permission to work with the developers, but at the Jan. 9 meeting were outvoted, 6-2.

Bettman said the city should use eminent domain only "to achieve a quantifiable and very high priority public good, like health or safety."

Property owners in the proposed development area, some of them "loyal to downtown for decades, should have the right to maximize their investment by selling to the highest bidder, or remain in business if they so choose," she said.

"The targeted businesses are not an obstacle to downtown redevelopment; they are only an obstacle to Connor (and) Woolley's attempts to monopolize solid blocks of downtown property," Bettman added.

Sue Prichard, a real estate broker working for Connor and Woolley, said it's easy to characterize the situation as wealthy developers trying to maximize their profits and the "little guy getting squeezed."

But the project would improve the heart of the city, she said. "Instead of talking about what we don't want, let's talk about what we do want. What I want is a more vibrant, diverse, fun and interesting downtown. And if it takes the combined efforts of the city, the developers and the individual property owners, then that is what we should do."


Register-Guard: www.registerguard.com

Eminent domain legislation goes too far: Indianapolis (IN) Star, 1/22/06

My View

By Matthew Greller

The Indiana Association of Cities and Towns opposes House Bill 1010 on eminent domain. While we affirm that property rights of Hoosiers need to be protected from unreasonable seizure by government, we believe adequate protection already exists in Indiana law.

HB 1010 imposes unreasonably severe restrictions on government acquisition of private property for public ends. It narrows the types of properties where eminent domain may be applied and unnecessarily drags out the process in a manner that would cripple many timely economic development initiatives.

It's possible the bill's sponsors may be overreacting to the much-publicized impasse between the Indiana Stadium and Convention Building Authority and N.K. Hurst Co. over property needed for the new stadium project. This single case should not rush us to judgment that could have unfortunate ramifications.

Eminent domain is a rarely used government action, frequently upheld by state and federal courts, that lets a city or town acquire property with just compensation and relocation expenses to property owners. It may be used only for the public good, with stringent review and public input. It is used only as a last resort after all private negotiations have failed. Without eminent domain, many roads, sewer lines, water resources and other public projects would never have been completed.

Without the possible use of eminent domain, Indiana probably would not have the AM General Plant in Mishawaka, the Toyota plant in Gibson County or the Isuzu plant in Tippecanoe County.

More recently, eminent domain was a factor in the Fall Creek Place project in Indianapolis, the revitalization of an entire inner-city neighborhood that earlier had been plagued with blight and street crime.

In the city's acquisition of more than 250 properties, 28 cases of eminent domain were filed and used only when the owners of the property could not be found.

Responsible Indiana cities and towns historically have and will continue to judiciously balance the rights of private property owners with the interests of the entire community.

HB 1010, with all its new restrictions, is not needed to protect those rights. In fact, in a state where many economic development initiatives are being pursued with a sense of urgency, HB 1010 could well be counterproductive.


Indianapolis Star: www.indystar.com

Eminent Domain Knocking on Church's Door: The Conservative Voice, 1/21/06

By Jerry Falwell

I learned this week that a small Baptist church in Oklahoma is at risk of losing its place of worship because it sits on a site where city leaders want to build a shopping plaza.

This eminent domain business is getting serious.

Since the U.S. Supreme Court’s Kelo ruling last year, we are facing a brand new ballgame in terms of private property and what that term really means.

For the Rev. Roosevelt Gildon, pastor of the Centennial Baptist Church in Sand Springs, Okla., eminent domain is threatening to tear his church apart.

I’ve never met Rev. Gildon — or “Rosey,” as his friends call him — but as a pastor of nearly 50 years, I can imagine the feeling of helplessness this man must be feeling. He’s been leading the flock for seven years at the church. And now the congregation is looking to their shepherd for answers, with government officials threatening to take the church property.

Government officials in Sand Springs have told Rev. Gildon they will be seizing the church property in order to build a “super center.”

This is an alarming development, one that should send shivers down the spine of any pastor reading this column.

In the Kelo case, a group of Connecticut homeowners chose not to accept a corporation’s offers so that a business area could be developed. So the city council authorized the corporation to acquire properties within the designated area. When homeowners refused the offers, the development corporation voted to use eminent domain to acquire the properties, even though the owners were averse to selling.

Following a trial, the case was appealed to the state supreme court, which determined that the use of eminent domain for economic development doesn’t violate public use clauses of the state and federal constitutions. Appeals failed to protect the rights of the property owners.

We are now seeing that “economic development” is more powerful than personal property rights — or church rights, in the case of Centennial Baptist Church.

In a National Review Online (www.nationalreview.com) article titled “Unholy Land Grab,” Heather Wilhelm reported that this church property takeover is unnecessary.

“The way things are now, Centennial Baptist Church could easily live side-by-side with new stores, houses, or businesses,” Ms. Wilhelm wrote. “Yet Centennial remains in the crosshairs — even though two nearby national chains, a taxpaying McDonald’s and a taxpaying O’Reilly’s muffler shop, have been left alone.”

She also reported that Centennial is not run down; in fact, she reports that the building is like new and fully functional. So this isn’t a case of city officials getting rid of a dilapidated old church.

Rev. Gildon has now coalesced with Americans for Limited Government and Oklahomans in Action to fight the takeover bid of his church.

I’m no lawyer, but maybe the federal Religious Land Use and Institutionalized Persons Act or 2000 (RLUIPA) can provide protections for Rev. Gildon’s church. RLUIPA is a federal statute that provides stronger protection for religious freedom in terms of land use. The statute has been beneficial in halting discriminatory zoning laws that target churches across the nation.

In the meantime, my prayers are with Rev. Gildon and his congregation. They should be afforded the right to remain at their present location so that they can serve God and fully minister to their community. Let the money-hungry corporate big boys either build around the church or move on to another locale.


The Conservative Voice: www.theconservativevoice.com

2/17/2006

Senate Puts Eminent Domain on Hold: WXIA-TV (Atlanta GA), 1/19/06

By Denis O'Hayer

Responding to outraged property owners, a state senate committee has just approved a 120-day halt on eminent domain, the power local governments have to seize private land.

At issue is whether the government can take private land for other private development.

Mark Meeks swapped his florist's apron for a business suit to watch the vote. He's in a legal fight with the city of Stockbridge, which wants to force him to sell his shop to make way for a new city hall plus private stores and residences.

Lawmakers have felt the public fury over eminent domain for private projects. Local governments have, too.

But John Hiscox of Macon's housing authority warned there are times when eminent domain serves the public good – even when a private project is involved.

Hiscox says without eminent domain, Macon could never have transformed blighted blocks into vibrant neighborhoods.

“We’re respecting private property. We are creating new homeowners by the dozens,” Hiscox said.

Meeks pointed to existing laws.

“There are laws on the books now. If they want to use those, they can enforce those, and there’s no need to use eminent domain,” Meeks said.

Both sides said a 120-day moratorium would give lawmakers time to sort out an issue that's both controversial and complicated.

There’s also a move now to write limits on eminent domain directly into the state constitution. That would likely intensify the debate even more.


WXIA-TV: www.11alive.com

Neville proposes bill that would limit eminent domain: (Farmington NM) Daily Times, 1/20/06

By Rhys Saunders and Walter Rubel

Republican senators Steve Neville, Farmington, and Lee Rawson, Las Cruces, have introduced legislation that would prohibit cities and other local government agencies from using their powers of eminent domain to condemn private property for commercial development.

Neville's bill would add a new section to the state's Eminent Domain Code prohibiting the practice. Rawson's bill goes one step further, seeking a constitutional amendment in which voters would be asked to limit the powers of eminent domain in the state Constitution.

Eminent domain gives governments the authority to seize private property, paying the owners fair market value. It has typically been used for public needs such as roads and utilities. But a Supreme Court decision handed down last year allows municipalities to use eminent domain to clear the way for private development.

"The Supreme Court case caused an uproar all over the country," Neville said.

He noted that the city of Farmington is in the process of reviving its downtown area, and has agreed not to use eminent domain laws in that process, but there is nothing now in New Mexico law that would stop them.

"The Constitution says if it's allowed in statute you can do it," Neville said.

Three different state codes would appear to allow for property to be seized, he noted. Neville said his bill would not prevent the traditional uses of eminent domain to meet community needs.

Rawson said even if Neville's bill is passed, he will still seek a change in the Constitution. Putting it into the Constitution will remove politics from the issue and ensure that private property rights are maintained in future years when other lawmakers are in office, he said.

"We both have the same goal," Rawson said.

Local officials in San Juan County applauded the proposed legislation.

"I support that bill," said Farmington Mayor Bill Standley.

Standley said the Farmington City Council is in the process of drafting a resolution that would limit the city's use of eminent domain, restricting the ability to seize both private and commercial property for the purposes of metropolitan redevelopment.

"It's sensible for us to back it up," Standley said of state legislation. "The sooner we do it (pass a local resolution), the better it is to show support of the bill."

Standley said he expects the draft to be brought before the council within "the next couple of weeks," and believes the City Council will vote in favor of the resolution.

Councilor Mary Fischer said she believes a resolution would not have been necessary if the council had not passed boundaries for the metropolitan redevelopment area (MRA).

"It (eminent domain) is what drives the MRA train," Fischer said. "Without condemnation, the whole concept does not work. I think (Standley) may be understanding that support of the MRA is an error and I think he's trying to backstep a little bit."

Fischer said she is not in favor of eminent domain for economic purposes and even termed the idea a "scam" used to "help your buddy at the expense of your neighbor."

She said she believes San Juan County citizens would vote in favor of a bill limiting the powers of eminent domain.

There are certain instances in which eminent domain would still apply under the city's proposed resolution, Standley said.

"Some residents could be deemed not fit (to live at a location) if it's being used as a crack house or for illegal and illicit activities," Standley said. "In that case, the property would be used for city purposes, not for economic purposes. If it's a viable property, I'm not going to exercise eminent domain."

Standley noted that the City Council will be "very diligent" if it ever decides to exercise the practice.

During a Nov. 14 Bloomfield City Council meeting, the council approved a resolution stating that the city opposes eminent domain actions "that would result in the taking of an occupied residence for economic development or redevelopment purposes."

"We couldn't set the law for ourselves or for future councils, but we wanted to say that this is the way the current council feels about (eminent domain)," said Bloomfield Mayor Keith Johnson, who is also a County Commissioner.

Johnson said that if the state legislation is brought before the public, he believes local residents will vote in favor of the bill.

"I think it would have overwhelming support to limit where eminent domain could be used," Johnson said. "For the purposes of roads and utilities, I think it's a necessary tool, but we've never had to use it in Bloomfield."


The Daily Times: www.daily-times.com

Preserving Eminent Domain: The Black Voice News (Riverside CA), 1/21/06

By Chris Levister

Welcome to western San Bernardino where property owner’s cries of “leave my ‘house’ alone” are as constant as the big rumbling dirt haulers clearing blighted private land for public projects.

Inland government officials say attacks o­n eminent domain could doom these and dozens of other redevelopment projects slated for local low-income neighborhoods.

Officials have launched a renewed campaign lobbying state and federal legislators to preserve the decades-old practice of taking private land for public projects.

Last year the practice came under attack when the U.S. Supreme Court upheld local governments’ rights in the case of Kelo v. City of New London to seize private property and give it to another private party.

Critics charge that the ruling violated the U.S. Constitution and stripped property owners of the right to defend their property against government takeover. In the wake of the ruling state and federal governments rushed to consider placing widespread restrictions o­n eminent domain.

In California, state Sen. Tom McClintock, R-Thousand Oaks, has re-introduced legislation aimed at reforming the state’s law o­n eminent domain. The proposed legislation seeks to bar governments from using eminent domain to take property and hand it over to another private party. His 2005 proposal was defeated along party lines.

“This isn’t a question of partisanship or ideology. This is a about protecting the rights of property owners, many of whom are elderly and poor,” McClintock said.

Three other organizations, including the Howard Jarvis Taxpayers Association, are also moving to launch ballot initiatives curbing eminent domain.

The impending legislation has officials in Riverside, San Bernardino, Fontana, Yucapia and other rapidly developing Inland cities looking to Sacramento and Washington D.C. for help in navigating a growing firestorm swarming with angry property owners and vociferous property-rights advocates.

Fontana City Manager Ken Hunt and other government officials claim the attacks hamper efforts to revitalize crumbling communities. “The firestorm over eminent domain ties our hands. The issue is largely misunderstood.”

Hunt and other Inland officials claim skyrocketing construction costs, make public-private partnerships not o­nly attractive but necessary.

“It’s a fact of life. Taxpayers are often reluctant to fund costly redevelopment projects in low-income areas,” says Seattle-based developer James Avery Talis. Talis says efforts to build low-income housing, libraries, parks and make road improvements under a public-private partnership will suffer from the eminent domain backlash.

“Uttering the word is like hollering fire in a theater.” Talis is currently mired in legal proceedings over attempts to seize several structures in western Riverside. He cited an example where his firm revitalized an aging waterfront community after the city of Seattle seized 16 rundown bungalows with the help of eminent domain.

“Those waterfront homes were o­nce valuable assets. But when they fell into disarray they became health and safety hazards. They essentially became liabilities to the homeowners, their neighborhood and the city.”

Talis admits seizing a homeowner’s property is almost never a pleasant experience. Governments and developers take a lot of heat. “But in reality our goal is to improve living conditions. We create long-term assets.”

Norma Halstead has mixed feelings about eminent domain. Three years ago she lost her 3rd generation Fontana home to a low-income housing complex. “They came, they saw, they took.”

Halstead fought the city and lost. She now owns a new home in Moreno Valley.

“Eminent domain is like good and evil. o­n o­ne hand the practice robs people of their shelter, o­n the other hand the practice is sometimes necessary to get rid of blight and provide safe clean low-income housing.”

For 34 years Halstead and her family suffered the ill-effects of unpaved streets, blowing dust, flooding, rodent infestation, public dumping, abandoned vehicles, rampant crime and other unsafe living conditions.

“City officials turned their heads the other way while we wallowed in squalor. We were poor and stuck until the developers came. There’s good and bad in the practice,” said Halstead. She says the low-income housing built o­n the seized land improved the quality of life for her family and many of the same residents forced to sell their homes.

Sen. McClintock is unfazed by critics of his legislative proposal. He says his efforts are not aimed at barring governments from using eminent domain for strictly government projects. “Public support for protecting property owners is overwhelming. We’re looking for a happy medium.”


The Black Voice News: www.blackvoicenews.com

Lawmakers Debate Eminent Domain, 'Super Slab': CBS-4 (Denver CO), 1/20/06

By Colleen Slevin, Associated Press

A year after plans to build the "Super Slab" private toll road on the Eastern Plains were put on hold, eminent domain – the government's right to seize private property for other uses – has returned to center stage at the state Capitol.

Lawmakers are reviewing bills aimed at regulating private highways and will be asked to vote on whether to ban governments from condemning land for economic development projects.

"The citizens want to know where our legislators sit on this issue. If they don't represent the people on this, they'll be fired in November," said Marsha Looper, a Super Slab opponent who's now running for a seat in the House.

Looper is seeking the seat now held by term-limited Richard Decker, R-Fountain. Retired lobbyist John Shipper is also challenging Republican Debbie Stafford, R-Aurora, largely because of the toll road issue.

On Thursday, Super Slab critics scored a victory when the Senate Transportation Committee gave initial backing to a measure that would only allow private companies to condemn private property if they partnered with the state to build the road. Backers of the Front Range Toll Road oppose Sen. Tom Wiens' bill because they say they would have to give up ownership of the road to the state and no investors would be interested.

Another proposal would require private roads to be subject to the same regulations as public roads, including doing environmental impact studies.

Gov. Bill Owens vetoed a similar bill from Wiens last year and has warned lawmakers that the state may need private toll roads in the future.

However, eminent domain critics are also thinking beyond Super Slab following last year's U.S. Supreme Court ruling in the Kelo case that found that New London, Conn. had the right to take homes for a private development project. The court also said that states could set limits on the practice.

Looper is part of a coalition collecting signatures on a proposed constitutional amendment that would ban eminent domain for economic development. They need to gather 68,000 signatures to get the measure on the ballot and so far have about 9,000.

To make sure it gets on the ballot, state Rep. Al White, R-Winter Park, also plans to introduce a resolution with the same language at the Capitol. However, it would have to get two-thirds support in the House and Senate because it changes the constitution.

"Owning property in this country is a fundamental right people have come to expect. I think it (eminent domain) has been abused by local, county and state governments for the purpose of putting tax dollars in the till," said White, pointing to Lakewood's decision to declare a portion of West Colfax Avenue as blighted.

White said the proposal would bar private toll roads from being built. Looper said they could still be allowed as long as the project was just a road and didn't include development of things like shops and hotels along the corridor.

White said he's proposing a constitutional amendment to make sure that home-rule cities like Denver would have to abide by the change.

The Colorado Municipal League opposes the measure and says that the state's 40 urban renewal authorities – which include cities as varied as Denver and Delta – have used it sparingly for economic redevelopment. Only six of them have used it for such projects over the last five years and none were to pave the way for a "big box" retail store, said CML executive director Sam Mamet.

"Don't take a rifle and fire shots all over the place to solve a problem that does not exist. This is an emotional response to a problem that just does not exist in Colorado," Mamet said.

He said a law passed by Colorado lawmakers a year before the Kelo decision gives added protections to property owners in party by making city councils meet certain requirements before being able to condemn property for economic development.


CBS-4 Denver: http://cbs4denver.com

Lawmakers seek tighter rules on eminent domain: The (Hampton Roads VA) Virginian-Pilot , 1/19/06

By Harry Minium

Officials in Virginia worried when the U.S. Supreme Court ruled in June that it was OK for New London, Conn., to seize 15 middle-income homes in order to build upscale housing, offices and a marina.

Shortly after the ruling, the Virginia Housing Commission, a group composed of many stakeholders in the housing industry, including consumers, held a series of hearings on the issue.

The consensus was that Virginia’s laws would not permit such condemnation and only need to be updated, not overhauled.

As of Wednesday morning, 35 bills dealing with condemnation had been introduced into the General Assembly. Delegates and senators have until Friday to introduce more.

Del. Terrie L. Suit, R-Virginia Beach, who chaired the housing commission, has introduced two bills, HB94 and HB241, to tweak Virginia’s condemnation laws.

“Since we’ve not had drastic abuse in Virginia, we wanted to make sure and not knee-jerk on this,” she said.

In Virginia, property cannot be taken under eminent domain laws unless it serves a “public purpose,” such as a new school, highway or police station. One major exception is when an area is declared to be blighted.

Suit’s bills will tighten the definitions of public purpose and blight.

“We wanted to make sure we had the right restraint on government, but at the same time did not restrain the government’s ability to clean up blight and drug-infested areas,” she said.

Most members of the commission agreed, Suit said.

Joseph T. Waldo, a Norfolk lawyer whose specialty is defending homeowners and businesspeople whose property has been condemned by governmental agencies, was an exception.

“Terrie is concerned with property rights, and I know her heart is in the right place,” Waldo said. “But her bills are terrible.”

He said there have been, and continue to be, abuses in Virginia.

“I’m representing a major retailer in the Coliseum Mall area in Hampton,” he said. “We’re talking about a mall, and the Hampton Redevelopment Authority is considering condemning” the store as blighted.

On Wednesday, Waldo had a final hearing on an eminent domain case in Roanoke in which he represented Dr. Walter Claytor, whose family sued the Roanoke Redevelopment and Housing Authority for declaring his property to be blighted, then doing nothing for more than 20 years.

“They were going to condemn it, but they never did,” Waldo said. A judge ruled that by not taking any action, and by tearing down adjacent buildings, the Roanoke authority reduced Claytor’s property value and rental income.

On Wednesday, the judge ordered the authority to pay $281,590 for taking the property, $117,000 in attorneys’ fees, $70,000 in interest and $33,000 in other costs.

Claytor was financially able to hire an attorney. “The problem,” Waldo said, “is that, so often, it is the poor who end up on the wrong end of an eminent domain case.”

Suit defended Virginia’s eminent domain record.

“Our case law, where courts have ruled on public use, has been extremely conservative,” she said. “We’ve not run into a situation like they did in Connecticut, where government has taken nice houses to build nicer houses.”

Suit acknowledged that “not everyone” is happy with her bill. Inner-city areas don’t like seeing the definition of blight narrowed.

Norfolk won’t endorse Suit’s bill, said Ron Williams Jr., Norfolk’s director of intergovernmental relations.

“But we won’t oppose it, either,” he said.

Del. Johnny S. Joannou, D-Portsmouth, has introduced a bill that would essentially bar cities and counties from condemning property because of blight.

“It’s the obligation of a locality not to allow those areas to become blighted,” he said, adding, “I’m pretty firm on the principle that if a government takes your property, it should be for public use only.”

Suit said she understands his view, but added: “Our urban municipalities, like Norfolk and Portsmouth, have areas that are old and blighted and crime-infested.

“If we don’t give them the power to go in and clean those areas up, how can they make their cities safe for the residents who do maintain their properties?”

Suit expects that all of the eminent domain bills eventually will be rolled into one.

“Something will pass,” she said. “I don’t know if it will be exactly in the form that I have proposed.

“But when you’ve looked at an issue over a long period of time, and built a consensus as we did, it’s a whole lot easier to pass a bill.”


The Virginian-Pilot: http://home.hamptonroads.com

2/16/2006

TTA exercises eminent domain for a Durham car repair shop: Carolina News-14 (Raleigh-Durham NC), 1/19/06

By Ann Forte

The Triangle Transit Authority [TTA] said it did nothing wrong when it exercised eminent domain for a Durham car repair shop.

Last year, the TTA seized Bob's Service Garage on Alston Avenue.

But, the shop's owner, Bob Morrison, hasn't moved out yet. His lawyers maintain it's because he can't afford to leave.

A TTA lawyer said the transit authority is giving him about $216,000 for the property.

His lawyers said it was appraised for more than $350,000.

"He's been asked to accept $165,000 less than the appraisal,” Stephanie Autry, Morrison’s lawyer, said. “He's been told he's got to move out by January 1st, which he's not done, which he couldn't do because he didn't have anywhere to go."

The TTA is charging Morrison about $2,000 a month in rent to stay on the property.

His lawyers say hasn't paid it yet because he can't afford it.


Carolina News 14: http://rdu.news14.com

'Eminent domain' bills could affect San Ramon, Livermore plans: (San Jose CA) Mercury News, 1/18/06

By Scott Marshall and Bonita Brewer

In what is shaping up as an eminent domain debate in San Ramon, the city will hold a workshop tonight to answer questions about whether this "tool of last resort" should be reestablished as an element in a stalled but voter-approved specific plan redevelopment area.

The city wants to re-establish eminent domain — the power to take private property for public use with just compensation — in the 128-acre Crow Canyon Specific Plan on the city's north side. A city-commissioned study defines this area as "economically blighted."

The proposal comes at a time when the debate over eminent domain is shaping up statewide and nationally.

Restrictions on the use of eminent domain for economic development purposes have been proposed at both the state and federal levels, after a U.S. Supreme Court ruling last summer. The high court upheld a city's power to use eminent domain to buy unblighted houses for economic gain — a redevelopment project. The Crow Canyon Specific Plan area contains no houses, but a number of businesses.

"I think it's too early to say" if the initiatives would have any effect on San Ramon's redevelopment plans, said Marc Fontes, the city's economic development director.

Three proposed state-level voter initiatives essentially would eliminate the use of eminent domain for any property that would not be owned and used by a public entity, according to the League of California Cities.

That, in turn, would handcuff efforts by cities and redevelopment agencies to revitalized blighted areas. The measures could make infill projects much more difficult to build, and thus could force new housing growth into surrounding open space and farmland, according to the league.

Cities are waiting to see the precise language of the initiatives. But some officials already are wary because housing is in such critical need in California.
Livermore's City Council was warned at a recent meeting of the potential impact on downtown redevelopment efforts. "Either one could have an adverse effect on us," Assistant City Manager Jim Piper told council members.

"There are some cases where (abuse) has happened, but California already has a number of safeguards in place," he said. "There are already limitations.

"We only use (eminent domain) as a last report and historically, there are not many instances where we've used it."

The San Ramon Planning Commission has deadlocked over where to designate housing and what to do with some industrial businesses within the Crow Canyon Specific Plan area.
Only 15 percent of the parcels and 24 percent of the acreage in the area has been redeveloped in the past 18 years. Average property values per square foot of building in the specific plan area are 45 percent lower for office use, 50 percent less for industrial use and 43 percent lower for retail use compared with the citywide median.

Under the proposed redevelopment amendment, eminent domain could not be used to acquire property outside that area that is occupied as a residence. The amendment also would increase tax increment revenues and the Redevelopment Agency's bonding authority.

Though San Ramon regards eminent domain as a tool of last resort, according to Fontes, business owners — many of whom rent their spaces — aren't convinced.

The city "said individual property owners would sell to developers" after the location of residential and business areas is settled, said Ted Mendelson, who for 25 years has run one of several auto body businesses on Beta Court. They fear property owners would force them out in favor of more lucrative housing.

"All of a sudden, they want to stick eminent domain in there," he said. "Why would you need eminent domain if this is going to be done by private developers?"

The city adopted a redevelopment plan 18 years ago, but little change has occurred since. The Crow Canyon Specific Plan area was included in the voter-approved General Plan 2020. The plan would establish a revitalized, pedestrian-friendly mixed-use area of businesses and homes, including affordable units.


Mercury News: www.mercurynews.com

Proposal to restrict eminent domain powers moves forward: Macon (GA) Telegraph, 1/19/06

Greg Bluestein, Associated Press

A moratorium on [Georgia] government's power to seize private land cleared another hurdle on Thursday, passing a key Senate committee by unanimous vote.

The proposal would block local governments for 120 days from using eminent domain powers to seize land for any purpose aside from building public roads and government buildings. A similar proposal breezed through a House committee last week.

Sen. Jeff Chapman, R-Brunswick, told the Senate Judiciary Committee that the moratorium would give lawmakers a chance to impose other restrictions on eminent domain powers.

One idea that emerged this week from House leaders: Set up an independent committee with power to rule when a local government tries to use eminent domain powers to take land.

Keith Hatcher, a lobbyist for the Georgia Association of Realtors, said condemning property for libraries, schools and City Halls - not urban redevelopment - is proper a use of eminent domain. He and other supporters say local governments already have enough tools at their disposal to fight blight.

When governments use condemnation to revive blighted areas, Hatcher said, "The end doesn't justify the means. It doesn't override the fact that some citizen had their rights to own private property taken."

John Hiscox, director of Macon's Housing Authority, said lawmakers should not punish the agencies acting responsibly. He said his group's guidelines limit eminent domain powers as a "last resort."

In the last five years, he said his agency has condemned 127 homes, most of them "friendly" moves. The powers have helped the city rehabilitate dozens of homes and revitalize blighted, crime-ridden neighborhoods, Hiscox said.

"It doesn't sound like we're in a stampede to seize private property by the ton," Hiscox said.

State lawmakers homed in on eminent domain in June when the U.S. Supreme Court permitted New London, Conn., officials to condemn a group of older homes along the city's waterfront for a private developer.

Since that decision, a Stockbridge floral shop has become a statewide focal point for the fight. City officials condemned the shop and plan to replace it with a retail complex anchored by a new City Hall.

The session opened with about a dozen bills seeking to limit eminent domain. One of the strongest, proposed by Chapman, calls for a constitutional amendment restricting the government's ability to take land for economic redevelopment.
State Sen. David Adelman, D-Decatur, cautioned lawmakers against having a knee-jerk reaction to the Supreme Court's ruling.

"We seem very quick to pass laws and excitedly put things on the ballot," said Adelman. "The ballots are getting pretty crowded these days."

Yet state Rep. Steve Davis, a McDonough Republican, urged strong, immediate action.
"We need to put a stop to this," said Davis. "If we're going to make mistakes, then we need to err on the side of the property owners."


Macon Telegraph: www.macon.com
High court ruling spurs bills curtailing eminent domain: Tucson Citizen, 1/17/06

By David Pittman

In one of the most controversial court decisions of our time, the U.S. Supreme Court ruled last June that cities and towns can take people's property and give it to private developers.

In response to that 5-4 decision in the case of Kelo v. New London, Conn., a spate of bills have surfaced at statehouses throughout the country, including in Arizona, to make it more difficult for local governments to seize private property.

One of those proposals is expected to be introduced at the Legislature this week by Rep. Chuck Gray, R-Mesa. The Institute for Justice, a nonprofit public interest law firm that represented homeowners in the Kelo case, helped Gray write those reforms. If passed by lawmakers, those eminent domain changes would be referred to Arizona voters for their approval.

Tim Keller, executive director of the Arizona chapter of the Institute, said the measure would make it harder for local governments to take property for slum clearance and redevelopment efforts.

"In Arizona, the definitions of 'slum' and 'blight' are so broad that virtually any neighborhood could qualify," he said. "All it takes for an area to be considered blighted is for it to have a 'diversity of ownership.' We want to ensure cities can condemn only properties that threaten human health or safety."

Keller said "other nebulous terms" would be clarified under the legislation. For instance, he said local governments can take property under eminent domain law because of "inadequate lot layout."

"What does that mean?" he asked. "That is very subjective."

In addition, the proposed legislation would ban the taking of property by government for private commercial development. It would also require governments to prove that seizing of property was done for a purely public use, rather than placing the burden of proof on private property owners.

However, a lobbyist for Arizona cities said state eminent domain reforms are unneeded.

"The Kelo case could not have happened here," Kevin Adam of the Arizona League of Cities and Towns told The Arizona Republic. "The Arizona Constitution is far more restrictive than the U.S. Constitution - and also more restrictive than what is allowed in Connecticut.

In Kelo, the Supreme Court ruled a local government could bulldoze homes and turn the land over to private developers to build a hotel, health club and offices.

Opponents of the decision contend it violates the Fifth Amendment to the U.S. Constitution, which prohibits the taking of property except for "public use," such as the building of a highway, bridge, post office or school.

However, the majority opinion, written by Justice John Paul Stevens and backed by Justices Anthony M. Kennedy, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer, said a private development could be considered a "public use" if it created jobs and resulted in greater tax revenue.

In a strongly worded dissent, Justice Sandra Day O'Connor said the ruling was tilted in favor of those with "disproportionate influence and power in the political process.

O'Connor - joined in her dissent by then-Chief Justice William H. Rehnquist and Justices Antonin Scalia and Clarence Thomas - said there is nothing preventing governments "from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory."

Keller predicted Arizona lawmakers would look favorably on eminent domain reforms.

"The Kelo decision is enormously unpopular," he said. "Some public opinion polls have shown 90 percent disapproval of the ruling. I would expect the bill we are backing will receive bipartisan support in the House and Senate."

Alabama, Delaware, Ohio and Texas have all recently passed new restrictions on public property seizures and the Institute for Justice claims as many as 40 state legislatures will consider such measures this year.


Tucson Citizen: www.tucsoncitizen.com

Suburban officials pan eminent domain bill: Chicago (IL) Tribune, 1/18/06

By William Presecky

Absent any direct proof that eminent domain power has been abused in Illinois, any anti-eminent domain legislation pending in Springfield is unneeded and will be opposed, a group of far west suburban officials told state legislators Tuesday.

In presenting their top state legislative priorities for 2006 at an annual breakfast in St. Charles, members of the DuKane Valley Council and the Metro West Council of Government called on lawmakers "to preserve the current standards for the use of eminent domain."

The councils' stance on eminent domain, which lawmakers acknowledged is a "hot button" legislative issue, comes partly in response to legislation proposed by state Sen. Susan Garrett (D-Lake Forest) that would give landowners in Illinois more standing in court to contest the basis for certain attempts at condemnation.

In offering the councils' stance on the issue, Elgin Mayor Ed Schock said bills like Garrett's are "unnecessary at this time because of the absence of direct evidence confirming that alleged abuses of eminent domain authority exist."

Illinois already has some of the most stringent regulations and a favorable court opinion that serve as a check against such abuse, Schock said.

State Rep. Linda Chapa LaVia (D-Aurora) said much of the public furor feeding anti-eminent domain sentiment in Illinois stems from a lack of understanding about the existing state law.

"Citizens are unaware of what [safeguards are] already in place," Chapa LaVia said, and an education effort is needed in Illinois "to explain the whole picture."

Chapa LaVia was the lone Democrat of the six state lawmakers to meet with the councils Tuesday.

Republican state Reps. Patricia Reid Lindner of Aurora; Ruth Munson of Elgin; and Sandra Pihos of Glen Ellyn; and state Sens. Chris Lauzen of Aurora and J. Bradley Burzynski of Clare said they have experienced a firestorm of public reaction since last summer's U.S. Supreme Court decision on the public taking of private property.

In June, the Supreme Court ruled on a 5-4 vote that a municipality's eminent domain powers permit it to seize privately owned real estate for transfer to private developers if the municipality discerns a "public" benefit.

"I have never seen such a constituent outcry," said Lindner. "They were really outraged.

"This is an issue that resonates with the legislature and resonates with our constituents," she warned the councils' members.

According to Lindner, Garrett is in negotiations with Illinois municipalities and the Illinois Municipal League over changes to her eminent domain bill.

Lauzen said he looks forward to supporting "reasonable powers of eminent domain," but opposing anti-eminent domain legislation, as the councils suggest, "is not something that flies with the people I [represent]."

"This all boils down to who is really in charge," said Lauzen, adding that he comes down on the side of "the people."

Burzynski said expansion in Illinois in the number of entities that have the power of eminent domain "raises a red flag for me."

"It's certainly a hot topic with my constituents," said Pihos.


Chicago Tribune: www.chicagotribune.com

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Unholy Land Grab: The National Review, 1/17/06

In the spirit of Kelo

By Heather Wilhelm

For seven years, Reverend Roosevelt Gildon has preached the gospel at the Centennial Baptist Church in Sand Springs, Oklahoma. His congregation, around 50 strong, is like a small family. The elderly members, and those without cars, often walk to Sunday services.

“Rosey,” as his friends call him, figured he’d go on preaching in the tidy steel structure for years to come. That was, until the government told him they were taking his church away.

Since the Supreme Court's controversial Kelo decision last summer, eminent domain has entered a new frontier. It’s not just grandma’s house we have to worry about. Now it’s God’s house, too. “I guess saving souls isn’t as important,” says Reverend Gildon, his voice wry, “as raking in money for politicians to spend.”

The town of Sand Springs, Oklahoma, has plans to take Centennial Baptist — along with two other churches, several businesses, dozens of small homes, and a school — and replace them with a new “super center,” rumored to include a Home Depot. It’s the kind of stuff that makes tax collectors salivate. It’s also the kind of project that brakes for no one, especially post-Kelo. “I had no idea this could happen in America,” says Reverend Gildon, after spending Monday morning marching in the Sand Springs Martin Luther King Day parade.

This unholy takeover goes back to Sand Springs’s controversial “Vision 2025” project, which emerged in 2003. The plan includes, according to its website, the “largest set of public redevelopment projects in the history of Tulsa County.” The money earmarked for Sand Springs was supposedly meant to focus on redeveloping an abandoned industrial area for big box retailers and other stores. One problem: Centennial Baptist Church isn’t abandoned, and unlike some of the other buildings in its neighborhood, it is in pristine condition. More importantly, the church doesn’t want to sell — and they have good reasons. “After I heard the news, we started looking to see if we could move,” Gildon said. “I just don’t think we can afford it. It’s too expensive. And if we can’t move, and they take our building, what happens to the church? If we leave, who is going to minister to the black community in Sand Springs?”

Reverend Gildon is a practical man. He’s not a firebrand, and he’s not looking for a fight. He just loves God and loves his church, and wants to continue serving his community. Unfortunately, local officials would rather have an extra parking lot for a new Bed Bath & Beyond.

It makes sense on one level. Churches don’t generate any tax revenue for the government to spend. They don’t “stimulate” the economy. They often, much to their peril, occupy prime, envied real estate. With the supercharged powers granted by Kelo, be very, very afraid.

What’s most egregious about this application of eminent domain is that there’s already plenty of room for development, even if the pesky church sticks around. Many community residents were happy to sell their property. Two other churches in the area decided to move to Tulsa. Other structures in the area were dilapidated and ready for the deal. The way things are now, Centennial Baptist Church could easily live side-by-side with new stores, houses, or businesses. Yet Centennial remains in the crosshairs — even though two nearby national chains, a taxpaying McDonald’s and a taxpaying O’Reilly’s muffler shop, have been left alone.

In December, Reverend Gildon joined up with Americans for Limited Government and our partner group, Oklahomans in Action, to gather signatures for the "Protect Our Homes" initiative, which will go on the ballot in November 2006. Protect our Homes is a measure designed to stop eminent-domain abuse. Right now, Americans for Limited Government is working with citizens in Michigan, Montana, Missouri, and several other states to do the same.

“I hope that my story makes people more aware,” said Reverend Gildon, “and that maybe it stops other people’s homes and churches from being taken against their will.” Meanwhile, he awaits his next meeting with the planning board, where they will tell him how much his church is worth. If things don’t change, it promises to be an offer he can’t refuse.


The National Review: www.nationalreview.com

Heather Wilhelm (hwilhelm@getliberty.org) is a Phillips Foundation fellow and serves as the director of communications for Americans for Limited Government

Legislator removes eminent domain language from bill: Atlanta (GA) Business Chronicle, 1/18/06

By Justin Rubner

Following a barrage of public condemnation over the past week, state Sen. Cecil Staton announced today he was altering his controversial rural economic development bill introduced Jan. 12 that contained passages giving community improvement districts (CIDs) the power of eminent domain. In a press conference, Staton defended the bill (Senate Bill 414) and indicated the eminent domain references were a mistake.

"This is not an eminent domain bill," said Staton, a Republican from Macon. "It never was intended to be a bill about eminent domain... And we're going to make it very, very clear once and for all that is what we have said it is from the very beginning: a bill about economic development."

Staton gave his changes to the Senate Economic Development Committee following the conference for vote.

In the new and improved bill, he promised, such community improvement districts would not have the power to condemn private property.

The move comes at a time when Republican lawmakers in both the House and Senate -- as well as Gov. Sonny Perdue -- are championing themselves as private property advocates. Several senators who cosponsored Staton's pro economic development bill also sponsored tough anti-eminent domain bills in recent months including: Republicans Chip Pearson of Dawsonville, Jim Whitehead of Evans and Jeff Chapman of Brunswick.

Making matters even more embarrassing for Republicans, a similar economic development bill in 2005 encountered heavy fire from the media and property rights activists. Sen. Dan Moody, a Republican businessman from Alpharetta, introduced a bill last year that in part would have allowed the government to use eminent domain to take private property for economic development purposes. Much of the Republican leadership signed on to it.

Senate Rules Committee Chairman Don Balfour had sponsored SB 5 but later called it an "anathema to the people of Georgia" after radio talk show host Neal Boortz lambasted it on his morning program. Balfour, who is in charge of deciding which bills are heard on the Senate floor, this year promises that non-governmental authorities will be severely limited in their eminent domain powers after the session. Groups with that power range from the Georgia Ports Authority to numerous city development authorities.

The anti-eminent domain fray follows the U.S. Supreme Court's hugely contentious 2005 ruling that said it was OK for local governments to condemn private property for economic development purposes.

Currently sitting in the state House and Senate are at least 12 anti-eminent domain bills.


Atlanta Business Chronicle: http://atlanta.bizjournals.com

Curbing Eminent Domain: City Journal, Winter/06

The Supremes said that states can still do it, but it’s easier said than done

By Steven Malanga

In last June’s Kelo “eminent-domain” decision, the Supreme Court deemed constitutional the government taking of private land for economic development. But in his opinion for the Court, Justice John Paul Stevens noted that if states wanted to ban the practice, they could pass laws against it.

Easier said than done. In California, where some 380 municipalities have created redevelopment agencies with eminent-domain powers, enabling them, among other things, to take private land and give it to another private owner, the influential California Redevelopment Association and the state’s league of municipalities worked successfully this summer to block a law that would have limited the use of eminent domain to such traditional public projects as highways. The legislation never escaped committee. Nor is what happened in California unusual. In Kelo’s wake, dozens of state lawmakers across the country promised to introduce bills restricting eminent domain. But most of the proposed legislation has wound up stuck in committee, stalled in hearings, or tabled while officials “study” the issue.

Hope is not lost in California, however. Eminent-domain foes, including Republican state senator Tom McClintock and the Howard Jarvis Taxpayers Association, are gathering signatures for a November 2006 ballot initiative that would amend California’s constitution to include the limits fruitlessly sought by this summer’s stalled legislation. Initiative backers include the Municipal Officials for Redevelopment Reform (MORR), a California organization of elected officials and private citizens seeking to reduce the massive power of state redevelopment agencies. Led by Orange County Supervisor Chris Norby, MORR notes that the redevelopment agencies consume 10 percent of all state tax dollars, have racked up some $56 billion in debt, and have used eminent domain to gobble up privately owned land for hotels, vast car dealerships, and big-box retailers, including a Costco warehouse store built on a site taken from a church in Cypress. Norby’s group dubs the redevelopment agencies California’s “unknown government.” Not only can the state create them without direct voter approval; the agencies in turn can incur debt without a thumbs-up from voters.

Though California’s current eminent-domain law, like those of many states, limits takings to “blighted” areas, its language is so vague on what constitutes blight that creative redevelopment authorities have designated more than 1 million Golden State acres as eligible for seizure—including land in some flourishing communities. Most recently, for instance, the San Diego Model School Development Agency pushed to grab 188 homes in the thriving City Heights neighborhood, because the agency wanted to build 509 town houses, condos, and apartments on the land.

Government ostensibly takes the private property to boost economic development and buoy tax rolls. But a 1998 study by the Public Policy Institute of California found that communities in the state that have engaged in extensive government-sponsored redevelopment have reaped no real economic benefits compared with municipalities that haven’t done so. Government officials, it turns out, often misread the marketplace and promoted projects that failed to deliver the promised payback. “The widespread abuse of eminent domain has left shattered neighborhoods, half-empty malls,” and empty car-sales lots, Norby says.

Polls show that 90 percent of Californians favor curtailing eminent-domain powers. Still, many municipal officials in the state oppose the constitutional amendment, as does the Democrat-controlled legislature. Measure proponents anticipate that, to defeat the amendment, legislators and municipal officials will enlist the aid of well-funded real-estate and development groups, as well as businesses like big-box stores and hotels that frequently win prime sites from local governments through eminent domain.

Much is at stake. A successful ballot initiative in the nation’s largest state, where use and abuse of eminent domain for economic development have become so widespread, could jump-start similar legislation around the country.


City Journal: www.city-journal.org