Eminent domain
This is an issue that has recently gained new national prominence and which understandably provokes a wide range of emotional responses. I am not an attorney, but it seems to me that the issue of whether e.d. should be employed in economic development goes directly to whether one believes that redevelopment, job creation or retention, implementation of commercial, manufacturing and retail opportunities (particularly in severely underserved areas) go to "public purpose", the constitutional spirit of e.d. There are of course diverse legal opinions. My position on eminent domain may be partly illustrated as follows:
1. As alderman, if I were approached by a redeveloper who sought the use of e.d. to force the sale of owner-occupied residences in order to redevelop the site with "improved" uses, I would not support that effort. If said redeveloper was unable to broker a deal through ordinary negotiation with the property owners, then there would be no deal. Irrespective of e.d., I also have great reservations about demolition of historic and/or older buildings of any kind.
2. As alderman, if I were approached by a developer seeking to expand an existing business or commercial concern in the ward, create 25 to 50 new jobs, provide new services or amenities to the neighborhood and contribute substantially more to the city's tax base and the impediment to all that was an owner of vacant land who either refused to negotiate or sell for a remotely rational price, I would support the use of eminent domain to assist the developer. My ultimate responsibility is to the welfare of constituents and the lawful improvement of the ward and city at large. In my view, private property rights are not sacrosanct if they substantially impair the economic prospects of an entire community.
It is a complex issue and the examples I provide do not cover the entire range of contexts in which e.d. may or may not be appropriate. Ultimately, in order to accomplish the "greatest good for the greatest number", I would not rule out the use of eminent domain as a an economic development tool. I promise to personally examine every aspect of each situation, communicate fully with all affected parties and to listen closely to all views regarding the action. It would never be used casually or without exhaustively exploring every alternative.
[Posted under by Christian Saller on Wed., Jan 31, 2007 at 10:26 AM]