| Eminent domain under attack
(Note: This article is so biased that the intent and agenda are painfully clear.) January 18, 1999 By Diane S. Shea, Associate Legislative Director 202-942-4269 A recent article in The Wall Street Journal attacked the use of eminent domain and condemnation of property by local governments, particularly for public/private partnership redevelopment projects. The Journal cited a series of cases where governmental action had forced small businesses to accept settlements from redevelopment agencies for economic development projects that also benefited private entrepreneurs. The U.S. Constitution allows the taking of private property for "public use" provided that compensation is made to the property owner. Despite losing a congressional battle last year on land use and zoning appeals, property rights groups appear to be gearing up for a legislative assault on another facet of local land use authority. The Journal article, soon to be followed by a CNN report and a "60 Minutes" segment, may be the beginning of a concerted public relations campaign assailing eminent domain. County officials know that the ability to use eminent domain is critical to many successful land accumulation programs and is a key component of economic development. NACo would like to help present news organizations with counterexamples of the positive uses of eminent domain and condemnation. We are looking for examples that clearly demonstrate one or both of the following: Cases in which the acquisition of private land for another public/private use (such as the transfer of property from one business to another) played a vital role in the retention or expansion of a business that subsequently added significantly to the county’s tax base and/or other general social and economic benefit. Cases on the inability to use eminent domain, such as a county agency being forced to pay an exorbitant fee for land, or being compelled to abandon a redevelopment project. (Note: Also at this website address is a 436-page County Policies Manual for Leon County, Florida, for those wishing to download the very large document.) http://www.naco.org/pubs/cnews/99-1-18/eminent.html
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