EMINENT DOMAIN or Theft?? Wendell, Idaho a City of less than 3,000 people condemns 235 Acres of Farmland for city use.
The Wendell City Council has started the process to condemn 235 acres of farm land to expand the city’s water system. (and there is nothing the owners can do to save their land)
Read Story here… Wendell condemns 235 acres of farmland
City plans to acquire land through eminent domain
By Blair Koch
Times-News correspondent
WENDELL – The Wendell City Council unanimously approved a resolution Thursday to condemn 235 acres of farmland south of the city, effectively beginning the process to acquire the property through eminent domain.
Obtaining the farmland, currently owned by Robert Meyers, Kathi Meyers, Joseph Hults and Kay Hults, is a critical step in moving forward with the city’s planned wastewater system upgrade.
Eminent domain is the process by which a state can appropriate property for public use. Pursuant to the Idaho Constitution, cities have the right of eminent domain for any use necessary for the preservation of the health of its inhabitants. The wastewater system upgrade falls under this need.
City officials say they have contacted the joint owners of the property for purchase but no agreement could be made.
“We have attempted numerous times to work in an equitable manner and have not gotten the same back,” said Mayor Rick Cowen.
While Kay Hults said she understands the city’s predicament in bringing the sewer into compliance, as mandated by the Idaho Department of Environ-mental Quality, she said the owners have never received a written offer by the city for the land’s purchase.
“We had two meetings with the city but never entered into written negotiations, Hults told the Times-News. “I don’t even know what they are willing to offer us for the land. The only written correspondence I’ve ever had with the city was a letter from their attorney stating they were condemning it.”
During Thursday’s meeting residents expressed their concern over the city taking the farm.
“You need to look at their farm as a job … and you are taking part of their livelihood,” said resident Carl Sir.
Sir also pointed out that the city failed to notify owners of the surrounding property of the condemnation.
Cowen said the resolution only starts the process of eminent domain and he hopes all parties can come together to negotiate.
“This is the last thing we wanted to do but we have to move forward with the wastewater project. The design of the plant is one that the city can afford and we need that land to complete it,” he said. “This was the first step, as recommended by our attorney. The city is still open to negotiations.”
Although the Hults and Meyers have contacted an attorney about the issue, Kay Hults said they are hoping to open dialogue with the city as well.
“That’s all we’ve ever wanted – was to work with the city – but they never gave us anything official to work from,” she said.
Blair Koch may be reached at blairkoch@gmail.com or 208-316-2607
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Filed under Hot Topics · Tagged with eminent domain, taking of private property
I think you have to know more about this case. Eminent domain should always be used as a last resort, but it is not automatically theft. It has strong roots in common law as long as it is achieved for the public good. On its face at least, this seems to be consistent with that notion. I think the thing that most have trouble with is the use of eminent domain to ultimately serve a private purpose – i.e. acquisition for a private developer. That is the rub of the Kelo decision. The procedures to obtain the land might raise 4th amendment issues, but I don’t know.
Tell me more, tell me more.
While this seems like a good reason for eminent domain, it looks like Wendell is using it as a first resort rather than a last resort.
Sadly Eminent Domain this has become a tool for city’s to take away the rights of property owners. In this case the City only needs 80 Acres to construct the facility – but they are taking 235…. This is Theft…
Where is the developer behind this?
This is theft. Kelso is perhaps the scariest single act of government (in this case, by SCOTUS) in many years.
Between Eminent Domain and Urban Renewal, City’s are basically unchecked in their ability to take private property.