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iegisiatures across me county to _._ __a-_-_-_--
<br /> restrict the broad power of emi- struction of more expensive As the dissenting opinions should give citizens the right to
<br /> nent domain that exists under homes and the types of business- correctly surmised,the court has challenge a project's"public pur-
<br /> current law es favored by the City Council are essentially removed the require- pose"in court;it should set up a
<br /> In case you are one of the the City Council's plan for raising ment from the Constitution's Fifth system to give citizens back their
<br /> lucky individuals who have nev- more tax revenue for the city cof- Amendment that a government attorneys'fees if their challenge
<br /> er had your life,home or busi- Pers,then the city can condemn taking be for a"public use." is successful;and private proper-
<br /> ness devastated by the heavy any private property in order to "This cant happen in Amer- ty owners should be adequately
<br /> hand of government, you may make way for the new construc- ica,"you may say."Government compensated for these takings if
<br /> not know what the fuss is about. tion planned by another private can't just take from A and give to they occur. �p M
<br /> The U.S.Supreme Court recent- party. B,just because B will pay higher Minnesotans deserve protec
<br /> ly released its highly anticipated You can hear the chop-licking taxes. Well it can happen,it has tion from government run amok .
<br /> opinion on Kelo vs.New London, in city halls across the metro area. happened,and unless the Legis- The Legislature should pass emi-
<br /> Conn.,a decision that has deter- The decision essentially means lature acts,by the time you hear nent domain reform now.
<br /> mined the question of whether a that properties being condemned the knock on the door of your a :
<br /> government can use the power do not even need to be"blighted" friendly city administrator it will Scott lambert is the executive vice .:,
<br /> of eminent domain to condemn or harmful,as long as the new in- happen to you.And it will be too president andAlyssa Schlander is the
<br /> private property for private eco- tended use of the property by the late to do anything about it. director ofgovernment ajyWrsfor Dawn Villella/Bloomberg News
<br /> nomic development. new private party is generally Need more proof? Well, if the MinnesomAutomobileDealers The Best Buy headquarters building in Richfield: Homes and
<br /> The result is this:If the con- better/prettier/bigger. there was still any trace of them, Association. businesses were forced to make way.
<br /> City's economic revitalization is a valid ` ublic p purpose'
<br /> By Jim Miller penses paid to the property own- in writing the majority opin- Eminent domain is a tool location assistance."Fair"com- local government,and of the fin-
<br /> er.As early as 1837,the Supreme ion Justice John Paul Stevens rarely used to achieve a city's pensation is determined by an tent of local elected officials.
<br /> Imagine that you live in a city Court recognized that eminent clarified the definition,finding redevelopment.Duluth,for ex- independent commission or a Responsible cities histori-
<br /> - roughly the size of Austin, domain could be used to promote that economic revitalization is ample,was able to revitalize its jury.Additionally, through the cally have,and will continue to
<br /> Owatonna or Shakopee—that "the public interest."Before emi- a long-accepted governmental downtown waterfront area with- Kelo decision,the court has re- judiciously balance the rights
<br /> recently experienced the closure nent domain is exercised,a for- function and furthers a valid out needing to exert eminent affirmed that cities must have a of private property owners with
<br /> of a major business and the loss mal process must be completed, "public purpose." domain.However, it isn't hard well-conceived plan for exercise the economic interests of the
<br /> of 1,500 jobs.Imagine that the including public meetings and a The principle of eminent to imagine a scenario where, of eminent domain—it cannot entire community.
<br /> city is in economic distress,with formal court action. domain is designed to achieve but for the ability to use this be administered in an unjust or As the National League of
<br /> double-digit unemployment. Though media accounts of the greater community good. tool,two or three homeowners haphazard fashion. Cities notes in its brief on the
<br /> Now,imagine the opportunity the recent U.S.Supreme Court Without eminent domain, an could have hindered the build- Locally,the League of Minne- Kelo vs. City of New London
<br /> to remedy that distress. decision in Kelo vs.City of New individual homeowner or busi- ing of tie beautiful and popular sota Cities has worked with state case, "Local governments do
<br /> The community leaders of London have cast a negative ness owner could stand in the Canal Park District.What reper- lawmakers to draft legislation not exist to enrich a few,but to
<br /> New London,Conn.,saw such light on cities' use of eminent way of, or demand unreason- cussions would that have had that would make procedural solve problems and provide ser-
<br /> an opportunity and,thanks to domain, the court was simply able compensation to permit, for the economy of Duluth?How changes to further improve the 'vices that all citizens need and
<br /> a Supreme Court affirmation of reaffirming, not expanding, a project that could lift a neigh- many then-existing jobs would acquisition and eminent do- demand."
<br /> a long-standing legal precedent powers that local governments borhood or an entire city out of have been lost and new jobs un- main process for all involved. To deny local governments
<br /> that permits cities to exercise in Minnesota and throughout economic distress. realized—not only among retail The legislation would retain a the tool of eminent domain is
<br /> eminent domain,those leaders the nation have had,and exer- This is particularly impor- and hospitality businesses,but city's obligation to construct a to deny cities the opportunities
<br /> will have a chance to revitalize cised,for decades—the power tant for those cities needing in the construction industry? sound plan through a process to survive and flourish,to deny
<br /> the economy,steer their com- to acquire property for develop- to increase jobs or strengthen Displacing residents from of citizen involvement. jobs for citizens of economically
<br /> • munity in a positive direction ment if that development fulfills property tax bases,where a sin- their homes is serious business Those who assert that public depressed cities and towns,and
<br /> and improve the quality of life a public purpose. gle project—a factory,a retail and is exercised only as a last officials will be newly embold- to deny quality of life to our na-
<br /> for all New London residents. While petitioners in the case and housing center,a business resort.When eminent domain ened to indiscriminately"seize" tion's city-dwellers.
<br /> Eminent domain involves a argued that economic devel- complex—could make the dif- is used, the law requires cities property for the economic gain
<br /> city acquiring property with just opment.is. not a "public use" ference between economic re- to provide fair compensation of private interests have a fun- Jim Miller is executive director ofthe
<br /> compensation and relocation ex- under the Fifth Amendment, covery or austerity. for acquired property and re- damental misunderstanding of league ofMinnesota cities.
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