Eminent domain, Thor's hammer of both revitalization and some would say gentrification, celebrates a milestone event on June 23rd: the one year anniversary of the Kelo decision, which allowed usage of the eminent domain law for private development.
A press release, sent by MEDAC, the Missouri Eminent Domain Abuse Coalition and its coordinator, the controversial Jim Roos, outlines the details of a rally in front of St. Louis city hall on Friday June 23rd, from 11:30-12:30.
--Missouri eminent domain legislation , HB 1944, is grossly inadequate for urban
areas. The bill allows all properties in an area to be taken if the municipality
classifies 51% or more of the property as blighted, unsanitary or substandard.
Safe, decent, property could be taken because a neighbor's property is blighted
and “blight” can be any thing the municipality wants it to be.
Property rights are not equally protected. Farm Land is explicitly protected from being declared blighted. Any urban property, "blighted" or near blighted
properties is subject to being taken. Compensation is not equal and not just. Some owners receive 150%, some 125%, and some 100% of “fair market value.” Besides that, “fair market value” is not just compensation. Just compensation should be the full cost to reestablish oneself in equally comfortable and desirable conditions.
Municipalities claim eminent domain is a necessary tool to remove blight and
redevelop an area. In fact, many communities that 20-40 years ago were severely distressed, such as Soulard, Lafayette Square, Shaw, and Old North St. Louis, have fully recovered without any eminent domain. Furthermore, eminent domain is only attempted in neighborhoods where development without it is already possible. In really bad areas, no one attempts to use eminent domain to solve the problem.
We request that Governor Blunt not sign this bill, and that he and the legislature
declare a moratorium on all eminent domain for private development, to take effect immediately, and that the senate and house ratify that moratorium, with it to bein effect until May 2007.
Who we are:
MEDAC seeks to ensure that the citizens of Missouri are safe from eminent domain abuse for private development and profit. MEDAC believes that eminent domain should only be employed for public use, where "public use" means owned and used by the public. Governments should never assign, transfer, or convey their eminent domain authority to any private entity.
MEDAC opposes the use of eminent domain to deal with "blight." Local governments have other tools available to deal with abandoned, neglected or hazardous properties.
MEDAC insists that "just compensation" must include the full costs of any seizure, which may be far greater than appraised value. It should include the cost to purchase comparable property, relocation expenses, legal fees, and compensation for the disruption of family life or business operations
For more infomation contact Jim Roos, 314-771-3509, Email:neinc@sbcglobal.net. or Joan Botwinick, 314-727-6237 Email:jj.bot@earthlink.net
The exclusion of farmland from the consideration of blight has more to do with TIF qualifications than it does with eminent domain. This is not an attack on the city to exclude farmland, but rather a protection of tax dollars from being used to develop raw land that conceptually cannot be truly blighted.
Posted by travis reems on Thu., Jun 22, 2006 at 2:08 PMRight a Wrong. Submit any tips or story ideas by using our anonymous email form. Confidentiality is guaranteed.