RI stadium Bill Reigns in Eminent Domain. Anatomy of a Bill. Read the Bill.

Rhode Island wants to build a new PawSox stadium.

To get to a new stadium, legislators filed S-0990 & S-0989, that included funding requirements, new eminent domain provisions, and reworking the definition of blight.

Public input on the eminent domain provisions & transparency concerns raised by the State Republican Chair, led to the removal of new eminent domain and blight provisions. 

RINPR | Revised PawSox Bill Steers More Revenue To Pawtucket; Outlook In RI House Uncertain

Fox Business…

2 Lessons from a Mayor Fighting Blight with Liens and Sales

Wilmington, DE Mayor Mike Purzcki proposed to eliminate blight by:

  • imposing liens 
  • forcing sheriff sales of blighted property

The opposition killed it by:

  • raising concerns that a person’s home will be taken
  • raising concerns that property would be taken for a minor violation

What solution did opponents want? Protections in ordinance that limit the ability to take owner occuppied homes and to prohibit takings for minor violations.

Wilmington News Journal | Wilmington mayor’s…

Local Trend. Code Enforcement Fines as Passive Aggressive Takings.

The city:  Charlestown Indiana

The code enforcement fines: Code enforcement violations began in the summer of 2016, after city council adopted fines that cannot be waived

The alleged goal of city leaders: revitalization

The court’s response to the code fines: 

  • the fines run counter to the city code that allows for fixing violations and the waiver of fines
  • city violated equal protection laws by choosing not to impose fines on the LLC

 

Indiana Lawyer | Special judge halts ‘irrational’…

PA Bill to Fund Blight Clean Up. 1 New Fee. 3 Reporting Requirements for Local Government.

PA Act 152 (2016) allows local governmental entities to implement a fee on the recording of deeds and mortgages in certain counties. 

The fee will be dedicated to the local governmental entity’s county demolition funds.

The fee cap: $15

Requirements on local governmental entities that create a demolition fund:

  • Annual report to the Department of Community and Economic Development detailing:
    • ​how the revenue will be spent
    • how many properties will likely be demolished
    • any other…

City + Spot Blight = Sale of Remodeled House. 3 Bits informed:intel.

Entity that exercized its power of eminent domain? The City of Youngtown, Ohio

The statutory authority to take a residential property: The City of Youngstown has the authority to use eminent domain by a spot blight taking that allows an individual property to be taken via eminent domain. 

Was the property occuppied? No, it was abandoned by the 2nd previous owner, and purchased by Harbour Portfolio Advisors at a foreclosure sale

Which entity rehabilitated the property for resale? The Youngstow…

Ordinance TREND + Legal TREND. Require Voter Approval for Eminent Domain.

The City: Littleton, CO & Wheat Ridge, CO

The voter approval requirement: To access urban renewal tools like tax increment financing or eminent domain require urban renewal

What did a district court in Colorado do with Wheat Ridge’s Ordinance?  The Wheat Ridge ordinance, related to mandating that any tax-increment financing package over $2.5 million first get the consent of voters, is pre-empted by Colorado’s supremacy on the issue.

What’s the city’s argument: voter approval will cost time…

Did a Stadium Bill Expand Eminent Domain too Far? 3 Points from the 13 Colonies. Public Opinion is No Litmus Test for These Politicians.

Rhode Island has a stadium to build for its Pawtucket Red Sox.

  • the bill would allow for private development to sieze private land that is not blighted
  • the bill would apply to property anywhere in Rhode Island
  • the bill’s author says neither of these is the intent of the bill, and that the bill’s langauge is a concern that will be addressed

What did the Senate Finance Chair say in response to this hoopla?  “public opinion is not going to be the litmus test”

AP via Boston Herald Radio | Alarms…

Case Study. City Creates Redevelopment Zone to Cut Blight.

Mesa, AZ wants to reduce blight. To do that, it created a redevelopment zones- East and West Redevelopment Areas.

Why redevelopment zones? The designations trigger access to tax breaks & other incentives to attract investment and infill development

What does Arizona law require to trigger blight tax incentives? That a redevelopment district must exhibit a predominance of blighted conditions

East Valley Tribune | Mesa creates redevelopment zones to reverse blight

Local Trend. Blight + Redevelopment in 3 Steps.

Large portions of city of Highland, Illinois  is blighted, which translates to the city will create 3 business districts. 

The economic benefit of the 3 business districts will be:

  • to provide a revenue source for funding for the new Public Safety Building
  • to implement a new 1% sales tax in each of the three areas
  • to bolster business by improving, roads, sidewalks, drainage