Olivette City Council to Consider Resolution to Limit Eminent Domain

Olivette Missouri City Councilman Andrew Glassberg has introduced a resolution to limit eminent domain. The measure is on their City Council agenda Tuesday, November 22nd, at 7:30pm.

Over the years Olivette has considered a number of big box proposals that would have likely required eminent domain. For various reasons, including citizen objection, these proposals have all failed. Glassberg’s resolution is not intended to block any current proposal but to be a pro-active step to help his city avoid the problems faced by other municipalities.

The following is an introductory letter from Glassberg:

City Manager McDowell, Mayor Zoole-Israeli, and Council colleagues:

I hereby request that an agenda item considering the adoption of a resolution restricting the use of eminent domain be added to the City Council agenda for our November 22, 2005 meeting.

In order to begin the discussion, I am introducing the resolution adopted by the City of Ellisville, and attaching a copy to this email. Obviously, it is my intention to substitute “Olivette” for any reference to “Ellisville.” I request that the attached Ellisville resolution be included with the agenda item in next week’s Council packet.

I am introducing this particular version because it was specifically recommended by the Olivette-Creve Coeur Chamber of Commerce to the City of Creve Coeur. I also like the fact that it references the use of eminent domain over both residential and commercial properties in a way that both protects property rights and facilitates development.

One item missing from the Ellisville ordinance is any provision regarding the use of eminent domain allowing its use to prevent a small number of holdouts from stopping an otherwise worthwhile project. While I will want to introduce language to that effect I believe it would be useful to hold a discussion regarding the specifics of what such language should look like.

Here is the text of a resolution unanimously passed by the Ellisville City Council in August:

SPONSORED BY THE ENTIRE COUNCIL RESOLUTION NO. 08-17-05A
INTRODUCED BY MAYOR KHOURY

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELLISVILLE, MISSOURI THAT STATES THE CITY COUNCIL’S INTENTION TO LIMIT THE USE OF EMINENT DOMAIN.

WHEREAS, the City Council desires to express its intention that the use of the power of eminent domain with regard to residential properties for the benefit of a private developer solely for a private economic development project having no other public purpose is contrary to principles of sound government; and

WHEREAS, to reassure the residents of Ellisville of the City Council’s position in this regard, we put forth our intention not to authorize the use of eminent domain by a private developer solely for a private economic development project having no other public purpose in a residentially zoned area. The city reserves the right to use eminent domain for those traditional areas in which eminent domain has always been used such as building of roads, development of parks and other public uses; and

WHEREAS, before authorizing the use of eminent domain in connection with any redevelopment project in a commercial or industrial zoning district, the city will first seek the partnership of local interest in areas contemplated for redevelopment and will proceed only with the concurrence of substantial numbers of the affected parties or if necessary to eliminate conditions that the City Council considers to be harmful to the public welfare; and

WHEREAS, while no existing Requests For Proposals state that the City will authorize the use of eminent domain, nonetheless any such Request for Proposal shall be deemed amended to exclude use of eminent domain except as stated herein; and

WHEREAS, the city has not previously used and will not in the future use its power of eminent domain to blight residential property solely for private economic development purposes.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELLISVILLE, MISSOURI, AS FOLLOWS:

SECTION 1: The City Council will not grant a private developer the use of eminent domain in a residential district solely for a private economic development project having no other public purpose as set out above.

SECTION 2: The City Council will consider amending the Ellisville Home Rule Charter to protect the private property rights of all Ellisville residents.

SECTION 3: The City Council pledges to partner with our State Representatives to seek equitable legislation that would create a level playing field for all Missouri property owners.

THIS RESOLUTION ADOPTED BY THE COUNCIL OF THE CITY OF ELLISVILLE, ST. LOUIS COUNTY, MISSOURI, ON THIS 17th DAY OF August , 2005.

Eminent domain is the big issue of 2005 with valid points on all sides of the debate. Although it might be nice to try, completely eliminating eminent domain as a tool for development probably isn’t realistic or even advisable. Similarly, allowing eminent domain (or just the threat of eminent domain) to continue unchecked is unjust.

Many people, when faced with the loss of their home and/or business, simply resolve themselves they are the little guy and can’t win a fight. Therefore, most agree to sell without the actual use of eminent domain — the threat is sufficient enough. In most municipalities the process starts with blighting an area — setting the stage for eminent domain if it comes to that. So the real culprit is not eminent domain but the blighting process which leads to the threat of eminent domain.

The Olivette City Council meeting is located at 9473 Olive Boulevard (map). The meeting is open to the general public, including non-residents.

– Steve