Eminent Domain criteria

[patric]

Here's all it takes for a community (like Broken Arrow) to justify Eminent Domain by declairing an area "blighted"

"In January, the City Council declared the area blighted because of crime and city code violations.
The code violations have been for things such as abandoned vehicles, dilapidated structures, high weeds and trash. Police have been called to the area on a number of domestic issues, Twombly said."
 
That's all it takes to condemn a neighborhood.
Anyone here immune?

[FOTD]

quote:Originally posted by patric

Here's all it takes for a community (like Broken Arrow) to justify Eminent Domain by declairing an area "blighted"

"In January, the City Council declared the area blighted because of crime and city code violations.
The code violations have been for things such as abandoned vehicles, dilapidated structures, high weeds and trash. Police have been called to the area on a number of domestic issues, Twombly said."
 
That's all it takes to condemn a neighborhood.
Anyone here immune?

Urban renewal ruined this town......we're still trying to deal with the fallout of the 60's land grab and especially around Downtown.

[cannon_fodder]

I'd end up writing a legal memo on this topic if I delved in, but it basically comes down to majority rule.  If people don't raise a fuss about it the city will condemn it and all the courts will decide is how much they get for it.  Especially if any type of actual community project is involved (arguably OK by virtue of being the point of the power).

More often than not it's use is proper (Jenks schools, I-44) but it is no less painful (a court telling me what my property is worth seems like BS, though I understand).  However, it seems to be getting more popular to use it to redevelop an area.  I'll be careful not to ***** too much as I want to see progress I the East End.

[mr.jaynes]

If you're talking about the Camino Villa trailer park, I'm of two minds about this. On one hand, there is some measure of blight there, but nothing that couldn't be corrected by a little work by the neighborhood themselves, and I'm sure they do what they can; bulldozing it won't correct the crime and such, it'll just move to another neighborhood.  Specifically, by getting rid of the condemned trailers, replacing them with new ones, etc, it will do more for that neighborhood than invoking Eminent Domain.

I'd be sad to see it go, as many of my fondest teen memories were spent there: did not grow up in that neighborhood, but I had friends who did, and they were who i'd visit and hang out with. That neighborhood is intrinsically Broken Arrow. Let's keep it.

[MichaelBates]

quote:Originally posted by mr.jaynes

If you're talking about the Camino Villa trailer park, I'm of two minds about this. On one hand, there is some measure of blight there, but nothing that couldn't be corrected by a little work by the neighborhood themselves, and I'm sure they do what they can; bulldozing it won't correct the crime and such, it'll just move to another neighborhood.  Specifically, by getting rid of the condemned trailers, replacing them with new ones, etc, it will do more for that neighborhood than invoking Eminent Domain.

I'd be sad to see it go, as many of my fondest teen memories were spent there: did not grow up in that neighborhood, but I had friends who did, and they were who i'd visit and hang out with. That neighborhood is intrinsically Broken Arrow. Let's keep it.

Is the rocket ship still there?

[mr.jaynes]

quote:Originally posted by MichaelBates

quote:Originally posted by mr.jaynes

If you're talking about the Camino Villa trailer park, I'm of two minds about this. On one hand, there is some measure of blight there, but nothing that couldn't be corrected by a little work by the neighborhood themselves, and I'm sure they do what they can; bulldozing it won't correct the crime and such, it'll just move to another neighborhood.  Specifically, by getting rid of the condemned trailers, replacing them with new ones, etc, it will do more for that neighborhood than invoking Eminent Domain.

I'd be sad to see it go, as many of my fondest teen memories were spent there: did not grow up in that neighborhood, but I had friends who did, and they were who i'd visit and hang out with. That neighborhood is intrinsically Broken Arrow. Let's keep it.

Is the rocket ship still there?

I did not see it the last time I went out that way a few weeks back. That rocket was like the signature feature of that neighborhood, I must say. I did see a used car lot in its place however.

[spoonbill]

Some of the trailers have collapsed, and others are ready to collapse with people in them.  

I am usually against eminent domain of any kind, but moving these people away from the decay, stench and filth of this place would be good for them (not that I know what's best for anyone).

[Breadburner]

Rocket has been gone for some time....

[mr.jaynes]

quote:Originally posted by spoonbill

Some of the trailers have collapsed, and others are ready to collapse with people in them.  

I am usually against eminent domain of any kind, but moving these people away from the decay, stench and filth of this place would be good for them (not that I know what's best for anyone).

Well, perhaps for you, it may be a slum, but for others, it is home. There are those who've made it their home, have put down roots there, and would like to live where they're most comfortable.

Sure, there are a number of trailers there that are abandoned or are otherwise in a state of disrepair, but there's the majority of them that are not. Invoking eminent domain seems like a matter of collective punishment in the guise of progress, in my estimation.

[patric]

Of course there are legitimate uses for eminent domain -- as a last resort when the public good is at stake.  

If we were talking medicine instead of government, ED should be the life-saving heart surgery as opposed to cosmetic liposuction on a whim.

...But when it becomes the route that, say, big box corporations or land developers use to grab real estate, ED becomes synonymous with graft and corruption.  

I wonder how many police calls to a mayor's neighborhood it would take before it was considered "blighted" under this criteria?

[mr.jaynes]

The neighborhood in question may have its share of troubles, but under that criteria, one may also justify taking out huge sections of North Tulsa-if they have not already done so. The Eminent Domain concept, I'll concede, should be used as a last resort, but it shows that one's ownership of their own land is becoming more and more tenuous. Confiscating someone else's land and making it available to someone else for their own purposes.

[Townsend]

Somehow I doubt this story as far as "we worked together".

http://www.newson6.com/global/story.asp?s=12923017

Broken Arrow Mobile Home Park No Longer 'Blighted'

BROKEN ARROW, OK -- The Broken Arrow City Council has voted to remove the "blighted" designation from the Camino Villa mobile home park.

During its August 3rd meeting, the council said the designation was removed with the understanding the neighborhood would emphasize a continued commitment to work with code enforcement and city staff on issues that still need to be addressed.

"We have seen a significant change in the Camino Villa area," said  Broken Arrow Mayor Mike Lester. "We have shown tonight that the two groups can work together for the common good of the residents." 

In a news release from the city, the city council and the Homeowners Association for Camino Villa vowed to work together to maintain the work already completed by the residents and continue to improve the areas appearance.

The Broken Arrow City Council and City Staff is appreciative of the efforts made by the residents of Camino Villa.   

The Camino Villa area was deemed "blighted" in January of 2008.