Eminent Domain Watch

Eminent Domain Watch, a very useful blog, with an article from the Trib:

For people like Clifford Heverly in Elgin, the outrage is compounded when eminent domain is used to make way for private development.

Heverly is still angry that the city condemned his coin and stamp business to make room for what he calls "grass and a tree " — or landscaping for a new downtown condo development.

Heverly said that once a city partners with the developer, it wipes out the need for any sort of market transaction.

"Why should the developer have to come to me and pay me fair market value when you can convince a group of politicians to take it?" Heverly said.

In Illinois, governments can use eminent domain to force the sale of private property and transfer it to another private owner if the property is found to be blighted or on its way to blight.

The state has a list of 13 factors that prove blight, such as dilapidated buildings, obsolete uses or code violations.

"In the Chicago metro area, I think we can all agree there are properties that truly are blighted," said Thomas Geselbracht, a Chicago attorney specializing in eminent domain. "Sometimes municipalities try to use eminent domain where there's not quite as much agreement as to what's blighted."

Critics say blight definitions are written in a way that allows city councils to use the power of eminent domain by citing issues such as cracked sidewalks, buildings older than 30 years, or the lack of a community plan when a place was built.

Incredible! The Chicago North Shore could now be considered a blighted area by some under a very flexible definition. Who knew!

Both Democrats and Republicans in Illinois plan to propose legislation this year.

After being flooded with calls from constituents and holding hearings, state Sen. Susan Garrett (D-Lake Forest) is floating a draft bill that would give landowners more standing in court to contest a government's finding of blight.

State Sen. Ed Petka (R-Plainfield) said the process is now lopsided in favor of the government.

"[The local governments] can use taxpayer money to hire consultants and lawyers," he said.