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Thursday, May 24, 2007

‘BLIGHT’ DEFINITION AT ISSUE IN EMINENT DOMAIN CASE


The Missouri Supreme Court on May 22 heard an eminent domain case that hinges on whether prime property in one of the state’s most affluent areas can legitimately declared “blighted.” The case’s outcome could affect whether local governments in the state can continue to use the power of eminent domain to seize private property and turn it over to another private owner for redevelopment. The court will issue a ruling at a later date.

The Clayton City Council declared properties in a prime downtown block blighted to make way for a proposed $210 million development by the Centene Plaza Redevelopment Corp. Property and businesses owners in the targeted area who refused to sell challenged the move, saying there is no evidence to support a conclusion the thriving area is blighted. State law requires a finding of blight before eminent domain can be used.

Attorneys for the property owners said land Centene purchased in the development area sold for $7.4 million an acre. They also noted the average home in Clayton costs $541,000 while household income averages $181,000 a year. Centene’s attorney said the city was within its rights to use eminent domain to maximize the economic productivity of the property. A skeptical Judge Richard Teitelman said: “If this area is declared blighted, I don’t know of any area in the state that couldn’t be declared blighted.”

1 comment:

Jim, St. Louis said...

I think eminent domain ought to be made illegal, even if a propery is ruled blighted. Government needs to recognize citizens' right to own property, even if someone else wishes it were their's.
The right to own property is the very cornerstone of American ambition & prosperity...

Jim, St. Louis