While I'm disappointed that the NLC is following that course, I'm proud that the Troy City Council adopted a resolution calling for legislation to protect the property rights of Michigan's citizens. The resolution below was passed on October 24, 2005 by the Troy City Council.
F-3 Resolution in Support of a Constitutional Amendment to Narrowly and Clearly Define the Term "Public Use"
Resolution #2005-10-498
Moved by Lambert
Seconded by Stine
WHEREAS, The right of an individual to own property without the threat that his/her government will take their property and give it to a private entity for a non-public use is fundamental to democracy in the United States; and
WHEREAS, Eminent domain is the power of a government to take private property for public use; the 5th Amendment of the US Constitution and articles in many state constitutions allow this practice provided that fair compensation is made; and
WHEREAS, Historically eminent domain has been used for public uses such as roads, parks, schools and other governmental functions; and
WHEREAS, In 1954, the United States Supreme Court began to erode individual property rights when it determined in Berman vs. Parker that government’s power of eminent domain could be used to seize property in order to remove “blighted” areas; and
WHEREAS, The definition of a “blighted” area has become so expansive that in 1981 the Michigan Supreme Court allowed the City of Detroit to condemn a stable neighborhood called Poletown to make way for a General Motors plant; and
WHEREAS, In 2004, the Michigan Supreme Court overturned the “Poletown” decision when it ruled on The County of Wayne v. Hathcock et al, and noted that: “…if one’s ownership of private property is forever subject to the government’s determination that another private party would put one’s land to better use, then the ownership of real property is perpetually threatened by the expansion plans of any large discount retailer, “megastore”, or the like.”; and
WHEREAS, The Michigan Supreme Court also noted in 2004 that: “…we must overrule Poletown in order to vindicate our Constitution, protect the people’s property rights, and preserve the legitimacy of the judicial branch as the expositor – not creator – of fundamental law.”; and
WHEREAS, On June 23, 2005, the United States Supreme Court, in a 5-4 decision, ruled in the case, Kelo vs. City of New London, Connecticut, that government may use eminent domain for the benefit of developers; and
WHEREAS, United States Supreme Court Justice Sandra Day O’Connor said in her dissent to the Kelo decision: “All private property is now vulnerable to being taken and transferred to another private owner, so long as it might be upgraded. The specter of condemnation hangs over all property. Nothing is to prevent (local governments) from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory.”; and
WHEREAS, Even though the Michigan Supreme Court, through a strict constitutional interpretation, reversed the Poletown decision and placed Michigan property owners in a more secure position for the immediate future than property owners in many other states, a future Michigan Supreme Court could reverse the current ruling, once again allowing the
condemnation of private property for private developers where no public use is involved; and
WHEREAS, During the 23 years the Poletown decision was the law of the land in the State of Michigan, many of Michigan’s residential and small business property owners were let down by their government as it, with little thought or care for their long term interests, took their property and gave it to private developers for the sole purpose of increasing the government’s tax base; and
WHEREAS, United States Supreme Court Justice John Paul Stevens, in writing for the majority on the Kelo decision, pointed out that the Constitution does not preclude individual states “from placing further restrictions (on) the exercise of the taking power”.
NOW, THEREFORE, BE IT RESOLVED, That Troy City Council URGES the Michigan Legislature to place an amendment to the State of Michigan Constitution on the ballot for the sole purpose of narrowly and clearly defining “public use” in a manner that is consistent with the 2004 Michigan Supreme Court ruling (County of Wayne vs. Hathcock et al) on eminent domain that overturned the 1981 Poletown decision; and
BE IT FURTHER RESOLVED, That the Troy City Council COMMENDS the Michigan Supreme Court for their just and bold ruling in 2004 (County of Wayne vs. Hathcock et al) that overturned the Poletown decision; and
BE IT FINALLY RESOLVED, That copies of this resolution BE FORWARDED to the Michigan Supreme Court, Governor Jennifer Granholm, the Oakland County legislative contingent in Lansing, and the Michigan Association of Counties.
Yes: All-6
No: None
Absent: Broomfield
