Eminent Domain Revisited…and Revisited…
My compliments to the continued work of Dave Wolkins and Jeff Drozda. These two legislators have pushed farther than any other legislator in attempting to reform the laws of eminent domain in Indiana. Their editorial in the Indianapolis Star regarding the N.K. Hurst debacle is much appreciated and illuminating to the average citizen. It’s also good to see they believe their reformation should encompass such a blatant abuse as this.
It would be nice to see this concern translate to some form of action, an intervention even, on someone on the State’s behalf, to terminate the filing of eminent domain now so that serious negotiations can continue. It does literally hang over the head of N.K. Hurst like a Sword of Damocles. They exist under the threat that if they cannot negotiate something quickly and to the Stadium Authority’s liking, they will be pounced upon by the law, who will decide for them. Funny, I thought Republican-controlled institutions were against activist courts deciding any citizens’ future. This is a less than impressive show for that majority, the alleged party of small government.
I call on members of state government, those who have a say against the Stadium Authority, to demand this lawsuit be removed. It is a black eye on our system of justice, and its timely filing a blatant case of abuse against a respected business. Is this the image you want to send people who want to start businesses in Indiana? Start your business. Please stay even if economic times are hard. But if we need that land, best get your butt out of town before sundown. Very impressive indeed.
I encourage and implore Rep.’s Wolkins and Drozda to not just seek legislation making it harder to file suit before negotiations are exhausted. I beg them to also consider making eminent domain a very costly process, making it a true last resort by appealing to the only place that seems to matter, the pocketbook of the offending agency. I have heard it said that such attempts to gain just compensation, not simply fair market value, are greedy and the main reason why people want “reform” of eminent domain. I say to you we should be greedy, greedy enough to stall the power of a governmental juggernaut that barely considers who it squashes as it rolls along.
Do me and the people of Indiana this favor. Make eminent domain rare and expensive and I guarantee you the abuses will diminish. They will never stop, as those in power will always seek to gain more, but they will diminish, and those who use such tools will be forced to think twice, perhaps even thrice, before screwing around with a property owner. This is exactly as it should be in our society. The “blight”, I would remind our government officials, is not in the property they seek to confiscate, but in the heart of government. It shows as a stain our government’s honor. Please consider those as you work to rectify this injustice.
Update 1: The Indiana legislature started off with a bang and introduced some interesting eminent domain legislation, most likely due to the publicity of the N.K. Hurst fiasco. Here is the jist of it from their site in a story by Michele McNeil:
The power of government to seize private property would be limited under legislation approved unanimously by a House committee today.
House Bill 1010, sponsored by Rep. David Wolkins, R-Winona Lake, would allow local governments to use the power of eminent domain only when no other “reasonable” alternative exists.
The bill is retroactive to Nov. 23, which means that it could affect a pending lawsuit the Indiana Stadium and Convention Building Authority has filed against the N.K. Hurst Co. This family-owned bean company is on the stadium site – taking up planned parking spaces. But the Hurst family wants to stay.
Although negotiations continue, the authority sued the Hurst family in December in an attempt to lock in 2005 law and pre-empt legislative efforts.
If property owners do lose their land to the government, the bill would require, in many in stances, owners to be paid 150 percent of the property’s market value.
The bill places further limits on governments that want to use eminent domain to obtain property, and then give it to a private developer. In that case, to seize the property, the parcel would have to be uninhabitable, unsafe or unsanitary.
The bill now advances to the full House for consideration.
I usually don't post a full article like that, but it summed it up better than I could. I like the market value notice, although frankly I think it should be more. It's that whole 'incentive to find alternatives' thing. Money's a great incentive.
My compliments to the continued work of Dave Wolkins and Jeff Drozda. These two legislators have pushed farther than any other legislator in attempting to reform the laws of eminent domain in Indiana. Their editorial in the Indianapolis Star regarding the N.K. Hurst debacle is much appreciated and illuminating to the average citizen. It’s also good to see they believe their reformation should encompass such a blatant abuse as this.
It would be nice to see this concern translate to some form of action, an intervention even, on someone on the State’s behalf, to terminate the filing of eminent domain now so that serious negotiations can continue. It does literally hang over the head of N.K. Hurst like a Sword of Damocles. They exist under the threat that if they cannot negotiate something quickly and to the Stadium Authority’s liking, they will be pounced upon by the law, who will decide for them. Funny, I thought Republican-controlled institutions were against activist courts deciding any citizens’ future. This is a less than impressive show for that majority, the alleged party of small government.
I call on members of state government, those who have a say against the Stadium Authority, to demand this lawsuit be removed. It is a black eye on our system of justice, and its timely filing a blatant case of abuse against a respected business. Is this the image you want to send people who want to start businesses in Indiana? Start your business. Please stay even if economic times are hard. But if we need that land, best get your butt out of town before sundown. Very impressive indeed.
I encourage and implore Rep.’s Wolkins and Drozda to not just seek legislation making it harder to file suit before negotiations are exhausted. I beg them to also consider making eminent domain a very costly process, making it a true last resort by appealing to the only place that seems to matter, the pocketbook of the offending agency. I have heard it said that such attempts to gain just compensation, not simply fair market value, are greedy and the main reason why people want “reform” of eminent domain. I say to you we should be greedy, greedy enough to stall the power of a governmental juggernaut that barely considers who it squashes as it rolls along.
Do me and the people of Indiana this favor. Make eminent domain rare and expensive and I guarantee you the abuses will diminish. They will never stop, as those in power will always seek to gain more, but they will diminish, and those who use such tools will be forced to think twice, perhaps even thrice, before screwing around with a property owner. This is exactly as it should be in our society. The “blight”, I would remind our government officials, is not in the property they seek to confiscate, but in the heart of government. It shows as a stain our government’s honor. Please consider those as you work to rectify this injustice.
Update 1: The Indiana legislature started off with a bang and introduced some interesting eminent domain legislation, most likely due to the publicity of the N.K. Hurst fiasco. Here is the jist of it from their site in a story by Michele McNeil:
The power of government to seize private property would be limited under legislation approved unanimously by a House committee today.
House Bill 1010, sponsored by Rep. David Wolkins, R-Winona Lake, would allow local governments to use the power of eminent domain only when no other “reasonable” alternative exists.
The bill is retroactive to Nov. 23, which means that it could affect a pending lawsuit the Indiana Stadium and Convention Building Authority has filed against the N.K. Hurst Co. This family-owned bean company is on the stadium site – taking up planned parking spaces. But the Hurst family wants to stay.
Although negotiations continue, the authority sued the Hurst family in December in an attempt to lock in 2005 law and pre-empt legislative efforts.
If property owners do lose their land to the government, the bill would require, in many in stances, owners to be paid 150 percent of the property’s market value.
The bill places further limits on governments that want to use eminent domain to obtain property, and then give it to a private developer. In that case, to seize the property, the parcel would have to be uninhabitable, unsafe or unsanitary.
The bill now advances to the full House for consideration.
I usually don't post a full article like that, but it summed it up better than I could. I like the market value notice, although frankly I think it should be more. It's that whole 'incentive to find alternatives' thing. Money's a great incentive.
posted by Rob Beck | 10:33 PM
1 Comments:
I was at the session where the bill was discussed, and the way I understand the bill, only primary residences qualify for the 150 percent provision. Farmland is 125 percent. Small businesses, like NK Hurst, still receive 100 percent but can also collect for damages and relocation.
It's a pretty good bill, but there are too many exceptions for my liking. Hopefully this will be a first step.
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