Eminent domain. Many of us have heard the term, but few know exactly what it means. Eminent domain is the right of a government to appropriate private property for public use, with compensation to the owner. The Fifth Amendment to the Constitution is the basis for eminent domain, stating, “No person shall be…deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
The government routinely buys land to construct roads and government buildings such as post offices, which is a legitimate use of eminent domain. However, in recent years, some have said that the government has been abusing the powers given to it by eminent domain. For them, downtown Ozark is a case in point.
Downtown Ozark looks pretty much like the downtown of any small town. There are small shops, houses, government buildings and a trailer park. It’s not an especially nice area, but then, few downtowns are. The difference between downtown Ozark and similar areas in other towns? Much of the area has been declared a public nuisance.
An area of 47 acres in downtown Ozark was declared “blighted” by city voters early last year. Property can be declared blighted for any number of reasons, including fire hazard, lack of electricity or utilities, or failure to abide by city codes. When property is declared blighted, the government is allowed to buy it (eminent domain) and sell it for redevelopment. On Thursday, July 14, the Ozark Land Clearance Redevelopment Activity (LCRA) Board met to listen to proposals from five development companies. The plans varied, although all proposed to demolish many of the buildings currently on the site. Some proposed replacements for the current buildings are stores, theaters, restaurants, condominiums, and apartments above stores.
Local leaders hail the redevelopment. Ozark City Planner Steve Childers said, “This could be one of the most unique redevelopment projects in the region in many years.” Ozark Mayor Donna McQuay called the redevelopment “exciting.” Some residents share her sentiments. Stephen Ray, who owns a bookstore near the blighted area, says, “I’m excited. I like to see growth.”
However, some residents have quite a different opinion. Shirley Jensen, who has lived in the area for 42 years, was not excited at all. “Leave me alone,” she said. “Let me die in peace in my home.” Rhonda Jones, whose house is inside the blighted area, told the LCRA board, “It doesn’t seem like the people who live there have much of a voice it’s an older community, and they’re building something for people who don’t even live there now.” After the meeting, she summarized what the plan sounded like to her: “Buy up the 47 acres, move ’em out and build a new community.”
Is the government abusing its power by buying land and selling it to private contractors? I think so. Originally, the “public property” mentioned in the Fifth Amendment referred to property that would be beneficial to everyone usually government buildings! The Constitution does not give the government the right to force people to leave their homes and then use the land their homes stood on to build a shopping mall, even if the homes are not in perfect condition. However, this is happening more and more often.
Some examples: a woman in her 80s was removed from her home in
In a free country like the
Katie, Walnut Shade, MO