Friday, September 12, 2008

Protect the Citizens of Centerville

Gov. Pawlenty said in his speech on March 9, 2006

"One of the most important roles of government is to protect its citizens. Sometimes that means protecting them from their own government. I urge us to come together to pass meaningful and responsible reforms to Minnesota's eminent domain laws." The new eminent domain laws went into effect on May 20, 2006.

Citizens of Centerville, please hear this! The actions by the Centerville government is a horrific example of the Governor's statement!

Below is an excerpt from the Development Agreement dated July 11, 2007 (an entire year after the new laws were set into place):

"WHEREAS among the major objectives of the City in establishing the Project are to eradicate blight and blighting conditions existing within the City to enhance the tax base of the City to provide decent safe and sanitary housing opportunities for the residents of the City to promote and secure the prompt commercial development of certain real property located in the Project Area which property is not now in productive use or in its highest and best use in a manner consistent with the City's Comprehensive Plan and with a minimum adverse impact on the environment and to promote and create additional employment opportunities within the City for residents of the City and the surrounding area thereby improving living standards and reducing unemployment;"

The Development Agreement also reads:
"WHEREAS the City is willing to work with the Developer under the terms provided in this Agreement to acquire properties in the Project Area in order to assist in the redevelopment effort;"

Supreme Court Justice O'Conner made this statement about the Kelo ruling:
"Under the banner of economic development, all private property is now vulnerable to being taken and transferred to another private owner, so long as it might be upgraded--i.e., given to an owner who will use it in a way that the legislature deems more beneficial to the public--in the process."

Citizens of Centerville! Do we want the Government of Centerville to be our developer? This is not the standard role for Cities. Developers normally acquire homes and then bring their plans to the City Council to be approved. In Centerville's plan, the City has designed the development and singled out one developer for the entire project. The development project is relying heavily on the increase tax base which in-turn will remove residents from their homes, to be replaced with bigger better multi-family homes.

Minnesota (S.F. 2750) Signed by Gov. Pawlenty on May 19, 2006 prohibits the use of eminent domain for economic development; requiring eminent domain to be used only for a public use or public purpose; requiring condemning authorities to show clear and convincing evidence for certain takings; providing for condemnation for blight mitigation under certain conditions; specifying public hearing requirements; expanding certain petition notice requirements; requiring compensation for removal of legal nonconforming use; specifying certain minimum compensation requirements; providing for the awarding of attorney fees; providing for a right of first refusal; specifying certain notice requirements; and, providing for certain court orders finding the taking necessary.
S.F. 2750 Link Here

We urge everyone to attend the neighborhood meeting on September 16 to help give the power BACK TO THE PEOPLE!

COPYRIGHT 2006 Saint Paul Pioneer Press
Byline: Bill Salisbury May 16, 2006
Minnesotans soon won't have to worry about government seizing their property to make room for an office park or shopping center. The Minnesota Senate and House on Monday passed a bill to rein in the use of eminent domain -- the power of government to condemn private property -- so cities and counties no longer can take homes and businesses to make way for larger tax-generating commercial developments.States are strengthening private property rights after the U.S. Supreme Court last year ruled that the city of New London, Conn., could seize and tear down private homes to make way for a hotel and office buildings. But the court also declared states could restrict such takings. Minnesota lawmakers seized that opportunity.They passed a bill that "will make it very, very difficult for the government to take someone's private property," said its chief Senate sponsor, Tom Bakk, DFL-Cook. Bakk said the measure restores citizens' Fifth Amendment right to own property and be protected from government taking it "unless there is a public use and just compensation." The legislation will bar a city from taking property from one private owner and giving it to another, he said, "just because a city planner might have a different vision of what a corner or a neighborhood should look like." The bill would allow local governments to seize private homes or businesses for economic redevelopment only if the properties are severely blighted, environmentally contaminated, abandoned or a clear public nuisance.

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