Post Kelo

William R. Maurer, WSJ, RCP:

SEATTLE--The city of Burien, Wash., recently decided that a piece of property owned by the seven Strobel sisters that had long housed a popular diner-style restaurant was not upscale enough for the city's ambitious "Town Square" development, which will feature condos, shops, restaurants and offices. Rather than condemn the property for a private developer and risk a lawsuit, Burien came up with a plan--it would put a road through the property, and the city manager told his staff to "make damn sure" it did. When a subsequent survey revealed that the road would not affect the building itself, but only sideswipe a small corner of the property, the staff developed yet another site plan that put the road directly through the building. A trial court concluded that the city's actions might be "oppressive" and "an abuse of power"--but allowed the condemnation anyway. The Washington Court of Appeals affirmed, and the Washington Supreme Court refused to hear the case.

Welcome to the post-Kelo world.

Here's another story in Ohio, highlighted by the Castle Coalition. Illinois did pass a law in 2006 that increases protections against eminent domain, building upon an Illinois Supreme Court decision of 2002, but more reform is needed. Bogus definitions of blight are still a concern. Castle Coalition:

Although this decision was a win for Illinois property owners, local governments have still been active in taking land for private uses, typically by bogus blight designations. Illinois desperately needs legislative change—its current laws are convoluted and still authorize the use of eminent domain for economic development, even after the Illinois Supreme Court decision. Hopefully the legislature will take action, but in the meantime, Illinois cities and counties should heed the signs and not waste taxpayer money trying to take property for other private parties.

And as we saw in the local news recently, real estate remains a prime temptation and opportunity for public officials to personally enrich themselves through the use of their office. Let's also recall how, after its grand plans emptied the downtown of mom and pop retailers and the plan didn't work, Roselle decided what it really needed was---mom and pop retailers.

P.S. The Wilmette Village Board approved the 5-story mixed use building on Green Bay Rd. Tuesday night.