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June 30, 2005

County to rein in land-seizure regs

Commissioners plan an ordinance reducing Jackson County’s eminent domain powers in response to a U.S. Supreme Court ruling

By DAMIAN MANN
Mail Tribune

Jackson County commissioners blasted a recent U.S. Supreme Court ruling that gives local governments broad discretion to seize private property.

The commissioners in their Wednesday meeting said they plan to pass an ordinance soon that would limit their powers to exercise eminent domain in light of the court’s decision.

"When I first heard this, I was aghast at it," said Commissioner Dave Gilmour. "We have to assure the public that those abuses aren’t going to happen here in Jackson County."

The Supreme Court ruled last week in a 5-4 decision that government entities can invoke eminent domain to condemn homes in a working-class neighborhood for private development in hopes of boosting tax revenue and improving the local economy.

In a dissenting opinion, Justice Sandra Day O’Connor said the government now has license to transfer property from the poor and middle class to corporations and development firms.

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Gilmour and the other two commissioners expressed solidarity Wednesday in limiting county government’s powers to use eminent domain unless there is a clear public benefit such as a road project.

Commissioner Jack Walker said he wants an ordinance drafted within the next month that limits the county’s ability to exercise eminent domain and will present it to the public before approving it.

"This is something that is necessary," he said.

Commissioner C.W. Smith said the Supreme Court’s ruling is alarming and threatening, going way beyond what the U.S. Constitution had in mind.

Gilmour noted that commissioners last year rejected a request by Britt Festivals to seize property needed for expansion.

The county, however, does approve several eminent domain actions every year, primarily for road and bridge projects.

In years past, government agencies have used eminent domain to build Camp White during World War II and Interstate 5 in the late 1960s.

Gilmour said the county also gives land back to property owners in some cases, such as when a road that was planned many years ago is never built.

"For every condemnation, there is a vacation," he said.

Quoting a national citizens group against eminent domain called the Castle Coalition, Gilmour said there are more than 4,000 properties under the threat of condemnation for private uses across the United States.

In Oregon, he said there is only one case in Hillsboro where property is being condemned to make way for a residential, retail and office complex.

Several audience members at the meeting agreed with the commissioners that the Supreme Court ruling went too far.

"I came to talk about how outrageous this Supreme Court ruling is," said Ashland resident Katherine Lehman, who thanked commissioners for their stance. "This is anathema to our entire nation."

Ashland resident Don Ellsworth said eminent domain is sometimes needed, such as during a war, but denounced its application in other instances.

"Sometimes there’s a real national emergency and sometimes it’s business and greed," he said.

Reach reporter Damian Mann at 776-4476, or e-mail dmann@mailtribune.com.




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