The phrase ‘Eminent Domain’ has become as evil a phrase in the city as ‘Urban Renewal’, maybe more. I’ve yet to take a strong position on this debate so it is time I correct that. Click here to read a prior post on eminent domain from October 2005.
I’m going to start by putting on my best political top hat, ride the fence, and state the obvious:
Eminent Domain is a very useful tool that does have its place.
Eminent Domain has been increasingly abused, to a point beyond excessive.
Both sides of the debate on Eminent Domain need to step back and look for common ground.
Nobody wins as long as this debate continues.
The above are pretty much “safe” positions for one to take. In other words, no real substance. But I’m a substance kinda guy so here it goes.
No eminent domain for a Wal-Mart!!! Nor for any other “big box” store, chain or local. Don’t even think about taking someone’s personal home.
On the other side of the coin if we, as a city, through a quality urban planning process decide we need a new park, school or library then yes, I can see the use of eminent domain — even possibly taking someone’s personal residence. But I’d want to see hard evidence of two things, 1) the need does exist and 2) all other possible sites do not work.
Everything else is a very subjective quality issue for me. Take, for example, the recent issue in Richmond Heights of the area known as Hadley Township. I’ll be the first to admit that I probably wouldn’t be as upset about the use of eminent domain had the city selected the truly urban proposal from Conrad Properties. Some may claim I’m inconsistent or a hypocrite but let me elaborate.
Many things can be accomplished through good zoning. Dense & walkable neighborhoods can be created where suburban sprawl once existed. Increased density around a transit stop is, in my view, in the public good and therefore at least worthy of consideration for the use of eminent domain. Zoning in smart cities offers developers incentives as trade off for things in the public interest. Other times the incentives become mandates. So, if a developer is seeking eminent domain for an area I think they’ve got to earn it. This means to me minimum densities, little to no surface parking, 2-story minimum building heights (more depending upon circumstances), relationship with the sidewalk, bike parking, mixed uses and so on.
None of the requirements should be punitive to the developer but instead offer rewards for creating good urban design. This might mean the developer gets to build a floor or two higher than normally allowed or gets reduced parking requirements. By designing the zoning in such a way as to require good urban in-fill as a condition for the use of eminent domain then I can possibly be convinced a private development is in the best interests of the public.
A typical sprawl center, like Loughborough Commons now under construction, is not nor will it ever be in the public good to the point it justified the use (or threat of use) to take those people’s homes. It was wrong. More than enough land existed to create the horrible shopping center.
I think to some developers the project just is not complete unless they take away someone else’s property. If they’ve got 1 acre they want 2, if they have 6 they want 8. You don’t have to have an entire city block to build new construction! If you have a lot with 100 feet of frontage by 125 foot deep design a building to fit that parcel, don’t complain the guy next door won’t sell his vacant 50 foot wide lot. I think much of our areas are stagnant because developers waste precious time trying to find ways to assemble increasingly larger and larger parcels for overly complicated projects. In the meantime years go by and nothing is built. If you’ve got more than 25 feet of width you can construct a new building. Deal with it. Build on it or sell it to someone that will.
However, maybe I can be in a position at some point to take the as-yet-built McDonald’s on Grand and raze it for something urban? That might be the trick, if you build low-density suburban crap in the city you leave yourself wide open for eminent domain for a project achieving certain set criteria.
Eminent domain for road building should be a thing of the past, at least in established areas. We’ve got all the roads we need. Well, with a slight exception — I want back many of the streets and alleys that have been vacated over the years. Eminent domain to reclaim previously public streets and alleys should stick around. I should also separate out roads from highways. Building a new road to connect the street grid together is probably a good thing. Taking property for more highways, no so good.
And yes, on my site I am judge and jury. I’m making highly subjective value judgments. I know that, not necessary to point it out. Our zoning codes are entirely subjective value judgments — ours just happen to be based on what bureaucrats & officials thought in the late 1940s. Newly revised zoning codes would not say, “call Steve Patterson to find out the answer.” No, new zoning codes can incorporate judgments related to supporting our old urbanism as well as thinking from new urbanism. Let’s at least get to the point where we are debating the finer points of a new zoning code. Then, and probably only then, can we make any rational decisions around the use of eminent domain.
– Steve