85001_GVCC_Mag.qxd 1/13/06 9:13 AM Page 22 Using Eminent Domain Wisely for the Good of Our City by Jon Costas, July 12, 2005 When is it appropriate and fair for government to use its eminent domain power to obtain land for public purposes? Recently, the U.S. Supreme Court issued a decision which clarified the rights and duties of government in its ability to create a “forced sale” in order to further public projects. In Kelo vs. New London, the city of New London, Connecticut, sought to obtain land to construct a new riverfront complex and research park to create an estimated 1,000 jobs in this economically distressed city. The court, in a close 5 to 4 decision found in favor of the city thereby reaffirming local government’s ability to use eminent domain to acquire property for economic development purposes. Most notably, the court broadly defined “public purpose” by finding that economic development is an acceptable public goal and best left to local officials. The Kelo decision has evoked a flood of emotion because it involves one of our fundamental rights; private land ownership. At what point does a legitimate collective good outweigh the right of individual landowners to retain their land? This is a crucial issue because, without eminent domain power, many, if not most, public projects would not occur. Locally, the city of Valparaiso, through its Redevelopment Commission, has taken legal action to condemn County Seat Plaza to pave the way for a wholesale redevelopment of the long-ailing retail center. Clearly, Valparaiso citizens want the center improved and, as such, it is a major priority for the city. Unlike the situation in Kelo, use of eminent domain at County Seat is not just to foster economic development, but to cure a blighted condition. Eliminating a black eye on the city requires strong medicine. But government officials must recognize that eminent domain is a very powerful tool and, like any tool, can be abused and cause irreparable damage. Here are a few guidelines my administration uses when considering eminent domain for public purposes. First, the city must clearly establish that the public purpose is very important to the community and has the support of its citizens. Second, the city must explore all viable options to archive the public purpose before resorting to use of eminent domain. Private negotiations must be exhausted before Valpopourri A stage line connected Valparaiso with Calumet (now Chesterton) in 1854. eminent domain is used. And finally, the city must do its homework thoroughly so that the net result is an economic and aesthetic benefit to the community as a whole. With the Kelo ruling, the eminent domain “club” has gotten bigger. As such, it is incumbent upon local officials to use it carefully and wisely and only when it clearly furthers the best interests of the common good. NEXT ISSUE (April <strong>2006</strong>)-We will be more closely looking at eminent domain and how it impacts business owners whose properties are included in redevelopment efforts. Editors Note: LNR, current owners of County Seat Plaza are expected to sign an agreement with the Redevelopment Commission to sell the retail center for $6,999,900 and close a deal on January 18, <strong>2006</strong>. The city has received a proposal from a subsidiary of Urschel Development Corporation to purchase the County Seat Plaza for $7 million. The agreement will officially end the city's eminent domain suit with LNR to acquire the property. 22 Valpo Magazine <strong>Winter</strong> <strong>2006</strong> ww
ity the efit ain is it rly od. ore ow are of an ent for 18, m ent eat ill uit 85001_GVCC_Mag.qxd 1/13/06 9:13 AM Page 23 h 06 www.connecttovalpo.com 23
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