Supreme Court set to Decide Historic Land Use Case

The United States Supreme Court will be deciding in June 2005 the case of Kelo v New London. The outcome of this case could affect the plans of cities nationwide, and Evansville, as they plan to convert residential real estate into commercial tax revenues despite the desires of homeowners.

Historically, TIF districts were used for "public benefit" projects such as nursing homes etc where there was a clear public "good." Very recently, however, this "good" has been simply defined as anything whatsoever that is built.

The history of the New London case is found at www.ij.org/private_property/connecticut. Quoting from the site, " In 1998, pharmaceutical giant Pfizer built a plant next to Fort Trumbull and the City determined that someone else could make better use of the land than the Fort Trumbull residents. The city handed over its power of eminent domain--the ability to take private property for public use--to the New London Development Corporation, a private body, to take the entire neighborhood for private development." The plaintiff in the Kelo case is the home owner who although he was offered assessed value for the home did not want to sell, and was forced out of his home.

The dance step moves of this process are that a city first makes findings of "unsightliness" and then grants the development corp the right to seize the land in eminent domain. Pretty neat. First call it "unsightly." Then buy it wholesale. Then develop it regardless of the property owners wishes.

City of Evansville managers and developers met months ago at J.C. McKenna Middle School and were given crayolas to color the areas of the city they thought "unsightly" and would like for development. Is your property one of those they deemed "unsightly"? Read the Comprehensive Plan at the Eager Library. Your comments must be submitted to City Hall by June 7, 2005.