Boone Liberty Coalition

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Contact: Glenn Nielsen 573.777.1950 info@booneliberty.org

BOONE LIBERTY COALITION INITIATIVE PETITION TO REFORM COLUMBIA'S EMINENT DOMAIN POLICY

Columbia, MO -- March 12, 2007 -- The Boone Liberty Coalition (BLC) has started a petition campaign to refine the eminent domain ordinance that currently exists in the City of Columbia. This reformation will take the form of an ordinance that the City Council can either accept or send to the ballot for the people to decide.

The mission of the Boone Liberty Coalition is to be an advocate for personal liberty, economic freedom and property rights in Boone County. We believe that limited government, personal property rights and free choice are the best vehicles to promote diversity, economic well-being, personal responsibility and peace.

Based on this mission statement, and the recent abuses that have occurred across the country with eminent domain, the BLC felt it was time to protect the property rights of all Columbians. Recent abuses have seen the rich and powerful stealing land from those with fewer resources. These takings often go well beyond true public use issues like roads or sewers.

Glenn Nielsen, spokesperson for the BLC on the eminent domain issue, said "With the January announcement of the Sasaki downtown redevelopment plan and the subsequent denial of a rezoning request in the area proposed for redevelopment, the BLC felt it was important to raise the issue of eminent domain before redevelopment plans progress any further. The BLC has been interested in eminent domain since our founding two years ago. After the Kelo U.S. Supreme Court decision in 2005, we decided to give the state an opportunity to implement the necessary eminent domain reforms. Though the state started with strong legislation, by the time it was signed by Governor Blunt it did little to prevent the type of eminent domain abuse in Kelo or Sunset Hills, Missouri."

According to the Castle Coalition -- an organization that fights eminent domain abuses and has said that "Missouri has one of the worst records on eminent domain abuse in the country" -- a recent state law fell far short of protecting the people: "The problem is that if blight can mean anything at all... (Missourians) are not much more protected today than they were before this new legislation." said Institute for Justice Senior Attorney Scott Bullock, who argued Kelo before the U.S. Supreme Court.

A copy of the ordinance follows this page.

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Columbia Missouri Eminent Domain Reform Ordinance

Below are the proposed changes to the Columbia Ordinance dealing with Eminent Domain. Language removed is stricken. New language is underlined.

Section 22-48 Condemnation of private property.

Private property may be taken for public use for the purpose of establishing, opening, widening, extending or altering any street, avenue, alley, wharf, creek, river, watercourse, market place, public park or public square, and for establishing market houses, and for any other necessary public purposes uses when approved by a super majority of the city council.

Definition of public use: The term public use shall only mean:

1. the possession, occupation, and enjoyment of the land by the general public, or by public agencies;

2. the use of land for the creation or functioning of public utilities or common carriers;

3. the acquisition of abandoned property, where the city has made diligent efforts to locate the owner of the property; or

4. the acquisition of property to cure a concrete harmful effect of the current use of the land, including the removal of public nuisances and the removal of structures that are beyond repair or that are unfit for human habitation or use.

The public benefits of economic development, including an increase in tax base, tax revenues, employment, or general economic health, shall not constitute a public use.

Notwithstanding any other provision of law, neither this city nor any of its subdivisions shall use eminent domain to take private property without the willing and informed consent of the owner to be used for economic development.

The council shall have the power to condemn private property for public use, occupation or possession in the construction and repair of public, district, joint district and private sewers in the same manner as other property is condemned within the city for public uses. This power of eminent domain shall include the exercise of the power of excess condemnation as authorized by the constitution or by law, and the power to condemn private property, real or personal, or any easement or use therein for public use within or without the city.

Notwithstanding any other provision of law, private property acquired through eminent domain without the willing and informed consent of the owner shall not be dedicated, sold, leased in substantial part, or otherwise transferred to a private person, partnership, corporation, or any other entity for a period of ten (10) years following the acquisition of the property by the city, except that property may be transferred or leased

1. to private entities that are public utilities or common carriers; or

2. to private entities that occupy an incidental area in a public project.