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Is the county
working toward acquiring real estate for "development?"
from http://www.greenemessenger.com/col.html#From%20The%20Other%20
Deskhttp://www.greenemessenger.com/col.html#From%20The%20Other%20Desk
Greene County Messenger - Pennsylvania
From the Other Desk,
by Daniel I. Morris
July 29, 2001
This land was your land, and now it's my
land…
What was once blighted, is now in my hands…
(Woody Guthrie must be rotating.)
"It's my land and I'll do with it what I want," said an
irate citizen when zoning was discussed for Center Township. Evidently
that person had slept through American Government or Civics
classes—if they were offered. Real issues of land owners’ rights
don't get much coverage in the classroom these days.
Can the government take your land? Of course it can! All that is
required is an eminent domain proceeding. After your lawyers make
money and their lawyers make money, your land is their land. After you
pay attorney's fees, the settlement check for your blighted,
undesirable land may be scant compensation for what may become a
valuable real estate development.
Definition: Government exercise of eminent domain— condemnation
power, "public use"= "public purpose" — Berman
& Hawaii Housing hold that government can take private property
for private persons if for public purpose.
Private Property
The first element requires that the property taken be private. Private
property includes land as well as fixtures, leases, options, stocks,
and other items.
Taking
The second element refers to the taking of physical property, or a
portion thereof, as well as the taking of property by reducing its
value. Property value may be reduced because of noise, accessibility
problems, or other agents. In the case of the land near I-79, one of
the funding plans for the new Wal-Mart development is to declare the
area undesirable and blighted. The land is already labeled "a
white elephant" and "will require extensive site preparation
to be useful."
Public use
The third element, public use, requires that the property taken be
used to benefit the public instead of specific individuals. Whether a
particular use is considered public is ordinarily a question to be
determined by the courts. Originally, public use meant roads, water
lines and other public infrastructure. Recently it has been more
loosely described. Developers of shopping centers argue that the
public will use their facilities and the public good is served by the
resulting economic stimulation.
Just Compensation
The last element mandates that the amount of compensation awarded when
property is seized or damaged through condemnation must be fair to the
public as well as to the property owner. The issue is settled in the
courts. The owner must participate in the proceedings, which can
impose an emotional and financial burden. Large land developers are
willing to expend vast financial resources where financial gain can be
significant.
The measure of compensation is often the fair market value of the
property harmed or taken for public use. If tax relief is to be given
under a "tax increment financing (TIF) district” declaration,
the property must be declared undesirable and blighted.
Trying to prevent land grabs
Land-owners are advised not to rely on the protestations of denial by
public officials or the opinion of developer’s attorneys that this
isn't what is intended, or statements that it couldn't happen here.
Because eminent domain land grabs are so common, State Reps. William
Robinson, D-Allegheny, and Daryl Metcalfe, R-Butler, announced on Feb.
13 that they introduced legislation (House Bill 507) in the state
House of Representatives that would protect private property rights by
restraining government's abuse of eminent domain proceedings.
The lawmakers outlined legislative measures that would tighten the
definition of blight in Pennsylvania's Urban Redevelopment Law and
prohibit government from seizing privately held land only to turn it
over to another private concern.
"Eminent domain is a powerful weapon at government's
disposal," Robinson said. "Pennsylvania's current law allows
almost any property in Pennsylvania, from thriving downtown business
districts to peaceful residential neighborhoods, to be designated
blighted and subject to government seizure.
Two bills related to curbing eminent domain acquisition are being
considered in the House Urban Affairs Committee. They may encounter a
rough time, since they are opposed by wealthy real estate developers.
Another way
Eminent domain is not the only way land can be added to development
tracts. As land is developed and the surrounding real estate that was
once undesirable and blighted suddenly becomes highly desirable. Next
the tax man moves in to assess its value. Large mall and store owners
are protected by tax abatements and development deals of various
sorts. Local property owners are often forced to sell out because they
can no longer afford to own "highly valuable" and very
taxable real estate.
In accordance with Title 17 U.S.C. Section 107, any
copyrighted work in this message is distributed under fair
use without profit or payment for non-profit research and
educational purposes only. [Ref. http://www.law.cornell.edu/uscode/17/107.shtml]
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