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July 16, 2005
Local Eminent Domain Fight
Unlike Kelo, this is probably a proper use of eminent domain.
Residents of the Saddlebrook subdivision off Northwest Third Street complained about sight distance problems. That safety issue pushed the widening project to the forefront. The road was slated to be widened anyway, Churchwell said, so the city just moved the project to the front of the line.
Now Northwest Third Street is being widened to three lanes for a length of approximately 1,000 feet, with a sidewalk on the north side. With all the school bus traffic and development, the street needs to be widened, Churchwell said.
One affected property owner is refusing to sell.
Instead of negotiating with the powers that be for progress, one local property owner has proven difficult to work with, erecting a huge sign to show his disapproval.
A 4-foot by 8-foot sign at 1804 N. W. Third St. states: "EMINENT DOMAIN ILLEGAL/IMMORAL. YOU’RE NEXT." The message is in large red and black block letters.
Property owner Ed Garrett has refused to negotiate with city officials on right of way for the expansion of Northwest Third Street.
Not that I don't sympathize, I wouldn't be too happy either in his position. But I think he's fighting a losing battle. The city has offered him $19,910 for the strip of land they need....which works out to about $96,560 per acre. Sounds pretty reasonable from what I know of land value in that area.
And this is precisely the situation for which eminent domain was designed. Street improvements benefit the public at large. And local governments should have the power to step in and force a recalcitrant property owner to sell, for a fair price, in these types of situations.
All of which illustrates one of the concerns I have about the backlash over Kelo. While restraining a government's power to use eminent domain improperly, legislators should be careful not to overly restrict the power to use it properly. It is, after all, sometimes a necessary evil.
Moderation in all things is usually the best approach.
Posted by Rita at July 16, 2005 05:14 AM