Eminent Domain

Scott Merrell, Independent Party candidate for mayor, had an insert into today's paper calling eminent domain the equivalent of stealing. I thought I had already written my views on the subject here — I've aired them many times, and in many forums. But they are not in this blog, so here goes:

I support eminent domain when there is a government purpose (new school, road, ...) involved. I could also support the taking of an unoccupied property as part of a redevelopment project. But I cannot and will not support the taking of an occupied house or an active business for redevelopment. Many times, the owners of these properties receive far less than what it costs for them to relocate, and the receive absolutely nothing for the cost of relocating. This is simply not right.

The state's answer to this is laughable: this past session, they outlawed the taking of property for the purpose of increasing the tax base. The way around this, for any project, is to give another reason, like "blight".

The Common Council did a little better. They passed an ordinance requiring a 2/3 vote to approve a taking. I agree with the 2/3 majority requirement; it's the ordinance I find silly — a simple majority could vote to overturn the ordinance, leaving that same majority free to approve a taking. What I propose is revising the City Charter to require the 2/3 majority, since this would not be so easily overturned.