Quote:
Originally Posted by Zionide
The city will NEVER take the Eat-a-Burger site via eminent domain. It's a PR nightmare and they (particularly the RDA) learned that lesson with the Grand America/Flower Patch debacle in the 90s.
Plus, health and safety issues are not grounds for eminent domain. The county health department can issue a notice of violation for some things, but the only enforcement they can do is close the property to entry or occupancy (depending on the severity of the health issue) until it's made safe. Same with the city: they can take legal action against a property owner to make the property meet minimum safety standards, or more adequately "secure" the property, but they cannot seize the property for safety violations. The owner would have to owe at least 5 years (I think it's 5; property taxes aren't my area) of back taxes before the county would begin auctioning. (Someone correct me re: the taxes, if necessary, please.)
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One difference between the Grand America/Flower Patch debacle and Eat-a-burger is that Eat-a-burger has not been in use for many many years while Flower Patch was still an operating business when the city attempted to use Eminent Domain. I would estimate that if the city attempted to take Eat-a-burger with Eminent Domain, "for a public good" to be redeveloped, that there would be some that cried out as an abuse of power and property rights, but not nearly as many as would if the building housed a legitimate operating business rather than simply being a vacant dilapidated structure.
As an option to eminent domain, the city needs to come up with a process, and maybe property taxes is the way to do it, that financially punishes those that are simply choosing to sit on dilapidated properties, with no attempt to lease them, improve them, or at the very minimum, maintain them in a satisfactory state. Maybe something like a negligent tax, or dilapidation fine. I know it's been talked about before that the city is or may be considering this, and I fully support the idea. There are to many greedy land owners that are simply choosing to do nothing with their properties, and letting them fall into a deeper and deeper state of dilapidation. Some properties are still useable but won't be if the owners refuse to sell to interested parties and let the properties continue to deteriorate.