Observations of the legal scene from the Cornhusker State, home of Roscoe Pound and Justice Clarence Thomas' in-laws, and beyond.
Friday, August 05, 2005
Kelo follow up: Douglas County Board urges eminent domain policy review
WORLD-HERALD STAFF WRITER
Douglas County Board member Chris Rodgers doesn't want development north of downtown to push residents in his northeast Omaha district out of their homes. The U.S. Supreme Court Kelo decision held that governments can use eminent domain to make way for private projects that bring public benefit, like jobs or increased tax revenue.The County Board unanimously passed a resolution asking the Legislature to clarify the powers of eminent domain and to protect and strengthen the private property rights of Nebraska citizens.The power has been used for some development projects in downtown Omaha, said City Attorney Paul Kratz.The ConAgra campus, First National Bank's data center and the development along the riverfront are some of the larger projects for which the power was used, he said.Omaha doesn't typically use eminent domain to take over homes, Omaha City Attorney Paul Kratz said. Typically Omaha uses eminent domain to acquire businesses or buildings in deteriorated areas to make room for major projects.Rodgers said his concern is that there apparently are no boundaries indicating which projects eminent domain can be used for as long as the projects bring economic development."I think there's a perfect storm brewing," he said, "particularly in the northeast district."
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