Campaign Suggests Eminent Domain to Keep Rural Hospital Open. 3Bits to be informed.

The Candidate: Ohio Governor candidate Dennis Kucinich (D)

The eminent domain use: The City of Massillon, Ohio should use eminent domain to keep the Affinity Medical Center open

The public uses: a hospital & 800 jobs

Becker’s Hospital Review | Dennis Kucinich: Eminent domain should be used to prevent Ohio hospital closure

The Patch | One Town In Northeast Ohio Could Lose 800 Jobs In March

 

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’…

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…

Threat of Eminent Domain Sparks Open Records Lawsuits.

In Tennessee, the Jefferson County Economic Development Oversight Committee​, a group of elected officials, recommended spending tens of millions of dollars in taxpayer money to begin development on an industrial megasite.

Word  spread that the Jefferson County Economic Development Oversight Committee was talking about using eminent domain to acquire land for the industrial megasite.

Open Records requests followed. A Tennessee appeals court ruled this week that open records laws applied…

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…

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

Oklahoma Town Uses Blight Finding to Trigger Economic Development Tools.

A blight study determined portions of “downtown” Muskogee, OKlahoma are blighted. The sstudy was requested by the city as a means to trigger economic development tools for redevelopment.

The local paper supports th fidning of blight in downtown.

Muskogee Phoenix | EDITORIALLY SPEAKING: ‘Blight’ study critical to downtown

LEGAL TREND. Flipping Right of Way Property. Eminent Domain Compensation. What you Need to Know from Dallas.

The alleged crimes: “fraud by getting inside information from the Texas Department of Transportation to buy cheap land alongside Interstate 35E and then flip it to the state at inflated prices”

How was the land value increased? land underdevelopment was considered to be a higher value 

The “profit” generated by these sales to TXDOT? $12.6Million

Dallas Morning News | Second Dallas investor to admit to scheme using inside TxDOT info to flip highway land for profit

Lege TREND. End Run Around Kelo with Blight Redevelopment.

What’s happening in Georgia?

  • In 2006 Geogria passed Kelo based eminent domain reforms
  • In 2017, the Georgia Legislature has passed a bill to allow property to be acquired by eminent domain and to be transferred to a private developer if the property is blighted

Atlanta Constitution Journal | Watchdog: Georgia bill lets cities take blighted land for developers

Georgia House Bill 434  (2017)