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Morgan Hill Considers Eminent Domain PDF Print E-mail
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Tuesday, 15 August 2006

 

Eminent Domain

Eminent Domain

 

Those two little words should throw fear into any property owners heart. In theory, eminent domain was originally conceived as a means by which government could get control of properties for the expressed purpose of making community related improvements. Things like road improvements, city facilities, etc. were considered appropriate uses of this power.

Make no mistake, eminent domain is one of the most potentially abused powers of government. In the recent past we have seen government seize private property not for a new school, freeway access or to widen a traffic bound road, but so that the property could then be sold to another private party!

Let me be clear, it should be illegal for any government to exercise eminent domain for the purpose of then transfering ownership or control of that property to any non-governmental body, person or corporation. PERIOD.

Morgan Hill Plaza As reported by the Morgan Hill Times ,  Morgan HIlls city government is considering using eminent domain to get control of The Morgan HIll Plaza where Albertsons used to be located. The Plaza, located at Monterey and Dunne, has been described as "blighted". I am not sure what criteria they are using for this opinion, but from what they have said, it would seem that it is simply not pretty enough for them.

We are not talking about a mall that is virtually empty or falling apart. Aside from the anchor position of Albertsons, the Plaza is rented out and the tenants seem happy. So really what this boils down to is that some in government feel that the property could look better and they believe it is their job to make that happen by forcing the current owners to sell them the property and then to sell the property to another developer.

 Government should have NO business doing this kind of thing. If any corporation or individual were doing this, it would be called strongarming, blackmail or outright theft.

If the various owners of the Plaza cannot agree on the cities offer, then,  just like the rest of us who occasionally have to deal with buying something, need to come up with a better offer or just walk away.

When you combine this disturbing turn with the fact that it looks as if several city council seats will be filled by unopposed candidates, you get the idea that we are potentially heading for a disasterous period in city government.

The fact of the matter is that on basic principals, no elected official should be trusted with the kind of eminent domain powers that the city fathers seem to want. Much less a city run by individuals that have been put in their post with no opposition.

Frankly,  with the problems facing our city and the kind of performance we have seen in the past, I would have absolutely no expectations that city involvement in "improving" the Morgan Hill Plaza would actually result in any kind of improvement, real or imagined. 

 

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