The present trend towards municipalities extending eminent domain to the limits and beyond the spirit of the law is well documented. Last night, the City of Edgewater bucked the trend and passed a charter update limiting eminent domain use within the municipality.
The citizens of Edgewater adopted
an update to their Home Rule Charter. The new charter, a complete re-write of
the existing charter, includes a significant protection for personal property
rights. The approach is believed to be unprecedented among Colorado
municipalities. Councilman Adam Gardner said of the unique provision protecting
property rights, “My only hope is that this action serves as a reminder to
governments across Colorado that they do not have the last word on eminent
domain. The people have the last say, if they will only stand up and be
counted.” Councilman [ Adam ] Gardner also thanked noted property rights attorney Bob
Hoban and Independence Institute Senior Fellow Dennis Polhill who’s (sic) input
helped shape the property rights provisions which Councilman Gardner proposed
to the Charter Commission.
The provisions of the new charter
essentially double the amounts paid to property owners if their land is taken
using eminent domain and later sold to private developers. In effect, the
language balances the need for government to use eminent domain power for
public infrastructure, but heavily dis-incents misuse of eminent domain for
private development. No property in Edgewater is currently being threatened
with eminent domain, and Edgewater has not used its eminent domain power in
nearly twenty years, but the commission felt that recent court decisions at the
federal and state levels warranted reinforcement of property rights in
Edgewater.
While the City of Edgewater does not have any planned eminent domain proceedings, it is heartening to see a municipality pass such a strong measure in favor of property rights. While it would not prevent a Telluride-style taking of land for open space, it would at least ensure that property owners get just compensation for public land.
Kudos to Councilman Adam Gardner and the City of Edgewater for limiting their own governmental powers. It shows a humility that is sorely lacking in the Federal, State, and other local governments.
by Civil Sense
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