Tuesday, March 17, 2009

Why you should care about Eminent Domain

Eminent Domain is a tool that a government entity can use to obtain private property when the owner(s) of the property do not want to sell the property. The original intention of this tool was to allow government entities to obtain property that would be required in order to complete a project deemed to be necessary and for the better good of the affected community. For instance, if your home or business was located in a flood plain and it was determined that a dam should be built there, or located in the path of planned Interstate, or some other type of public works project that really could not be located somewhere else.

However, some government entities have perverted the description of necessary and in the best interest of the community to mean your property could be redeveloped to provide greater tax revenue for the community. This is exactly how the current Orland Park Mayor and Board are using Eminent Domain in the Main Street Triangle against the Orland Plaza. The Mayor and Board had to first declare the Orland Plaza “blighted”, a busy Plaza with many taxpaying businesses and many jobs, in order for the Orland Plaza to be included into the Main Street Triangle TIF district. In no way does the Orland Plaza meet the definition of “blight”.

Some people have commented that it is time for the Orland Plaza to go, it has been there to long, it has outlived its usefulness to the community, and that all we should do is go take a lot of pictures that we could look at in the future if we are overcome with nostalgia. I doubt anyone who feels that way actually owns a business there or holds a job there or even shops there. But that is not the point.

To put this into perspective, consider the following scenario. You are a long time resident of Orland Park and you live in a nice 2200 square foot ranch located on a wonderful double sized corner lot. You have lived at this home for many years. You have raised a family there, all your friends live near you and you participate in your community. You also take care of your home, you pay your taxes, employ a number of people to take care of your landscaping and perhaps maintain your pool. You are comfortable there, you deserve it, you earned it and you paid for it.

Now your local government decides that you and your home no longer fit their vision for your community. Your local government decides further that your home needs to be torn down, and that you need to move somewhere else. Your government then declares your home to be “blighted” because a bigger house on your lot would generate more property tax revenue. Your local government then seeks to remove you via Eminent Domain, which results in you getting less than what you would want for being forced to sell your home and relocate. Your local government tears down your former house at their expense, and sells your lot at a reduced price to a new family of their choosing, who will presumably build a bigger house on your former lot that will generate enough property tax revenue to offset the cost of getting rid of you.

This scenario is exactly what is happening with the Orland Plaza located within the Main Street Triangle. We are not talking about a private entity entering into an agreement with the property owners and paying market value to purchase the property and compensating the existing businesses for their loss of location, associated loss in revenues they enjoyed because of this prime location and their associated costs to relocate into a similar environment. We are talking about a Mayor and Board that have decided they would like a downtown area on someone else’s property and are going to drive out anyone in their way, and use your tax dollars to do it.

Whether or not you shop at the Orland Plaza or know someone who works there, you should oppose this Project and the people responsible for creating and pursuing such an abuse of power.

Wednesday, November 26, 2008

Use of Eminent Domain against the Orland Plaza

An attempt is being made to use Eminent Domain to forceably remove existing businesses from the Orland Plaza, located at 143rd and Lagrange Road, to continue with the debacle that is the development, "Main Street Triangle Redevelopment Project". (Click here for seperate Blog, Main Street Triangle, to participate in a discussion of this Project.)

Concerned Citizens of Orland Park is against this action. We do not believe it is right to force these businesses out to facilate this ill concieved and poorly executed project.

The Village Trustees approved this measure on September 15, 2008. The motion was made by Trustee Dodge, and seconded by Trustee O'Halloran. The motion carried as follows:
Voting Aye:
Village President - McLaughlin
Trustees - Fenton, O'Halloran, Dodge, Gira
Voting Nay:
Trustee - Murphy
Absent:
Trustee - Schussler

For more details on this motion, see the Board of Trustees minutes for September 15, 2008, Ref: 2008-0606 Main Street Triangle Redvelopment Project - Ordinance. You can find this information on the official Village of Orland Park website, under Agendas and Minutes, Board of Trustees Minutes.

Do you believe this is a proper use of eminent domain? (Why are they resorting to Eminent Domain? Click here for seperate Blog, Main Street Triangle, for more information on this issue.)

Would you support a referendum to stop the use of Eminent Domain in this instance?

You can cast your Vote on these 2 questions to the right of this blog.