Friday, February 03, 2006

City Council Addresses Eminent Domain

“This is the opposite of Robin Hood, with Eminent Domain its taking from the poor and giving to the rich.”, John Gieseke

By Phyllis Schaltenbrand

The St. Charles City Council has a bill for final passage on the agenda that limits the ability to use Eminent Domain for Economic Development. Eminent Domain has become a hot topic across the nation since the Supreme Court ruled the local municipalities could take private property and give it to developers for economic development. Councilman John Gieseke sponsored the original bill and brought it forward after the local owner of the Dairy Queen spoke at a council meeting. The owner voiced concerns that he as well as any other business owners could lose their business at the whim of the local officials and developers.

Gieseke said, “If you have a viable business then eminent domain should not be an option.” Gieseke told the FCN, “I think it is important to let the small business owners know that we value them as much as the big developers. In the past we have seen numerous benefits given to large companies but when it comes to the businesses owned and operated by local small businessmen we fall short. In fact we penalize them because we see them as dispensable when large developers come to town wanting to build.”

Councilman Joe Koester, Ward 9, and Councilman Bob Kneemiller, Ward 4, made amendments to the bill. Eminent Domain has been on the agenda for over 3 months waiting for discussion at the January work session. “The bill is designed to protect the little guy when these big money developers come in and want to take their business,” said Councilman Mark Brown, Ward 3. The bill will limit the use of eminent domain for economic development. The use of eminent domain when buildings are in disrepair for a period of time, when it will take over 50 percent of appraised value to repair or when the building is rental property will still be available.

Councilman Joe Koester, says “This bill will allow for the use of eminent domain in cases where we have blight. It is important not to take the positives of this tool away but it shouldn’t be used at the detriment of our small business owners.”

Councilman Gieseke stated, “This is the opposite of Robin Hood, its taking from the poor and giving to the rich. The big developers have deep pockets and they have numerous lawyers and the little guy just has to give up. That’s not what America is about.” According to those in favor of the bill, they feel that this memorializes the resolution that prevents the taking of someone's home as well as protecting the businesses that have helped make St. Charles what it is today.