Final Report of the Task Force to Study Eminent Domain
Posted: Wed Aug 02, 2006 9:51 am
I will write this up, but I wanted to let everyone know that the final report was complete. I was extremely impressed by State Senator Tim Grendell and his work on this task force. He handled the committee with very different agendas fairly and intelligently. He worked to get consensus and I can't say enough nice things about him. Monday, Julie Wiltse and I were there all day long during the draft of the report, which has many lively debates and had lots of minority opinions included.
Quick synopsis:
The task force did a great job of helping property owners with making the procedures better. Property Owners get Attorney’s fees for low ball offers, and if the Government fails to prove necessity (or blight). People get moving expenses, loss of business profits, loss of goodwill, Burden of Proof is shifted and now rests with the Government not the property owner. Refusal to grant stay is eliminated (for course Norwood did that).
But the task force did a horrible job of getting a better definition of blight. At one point they even wanted to blight a property if both a husband and wife’s name were on the title!!!! That got turned down. But as Senator Grendell said, the definition they are using blights both Lakewood and Norwood - and the court said the definition used in Norwood was wrong.
They recommend a constitutional amendment to override Homerule in the case of eminent domain and blight.
But this is just a report. Now the work goes to the General Assembly they are the only ones that have the power to make a decision or place the ammendment on the ballot - it is too late for November. In light of the Norwood case, I believe they will make changes - but that is my opinion.
Quick synopsis:
The task force did a great job of helping property owners with making the procedures better. Property Owners get Attorney’s fees for low ball offers, and if the Government fails to prove necessity (or blight). People get moving expenses, loss of business profits, loss of goodwill, Burden of Proof is shifted and now rests with the Government not the property owner. Refusal to grant stay is eliminated (for course Norwood did that).
But the task force did a horrible job of getting a better definition of blight. At one point they even wanted to blight a property if both a husband and wife’s name were on the title!!!! That got turned down. But as Senator Grendell said, the definition they are using blights both Lakewood and Norwood - and the court said the definition used in Norwood was wrong.
They recommend a constitutional amendment to override Homerule in the case of eminent domain and blight.
But this is just a report. Now the work goes to the General Assembly they are the only ones that have the power to make a decision or place the ammendment on the ballot - it is too late for November. In light of the Norwood case, I believe they will make changes - but that is my opinion.