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THE EMINENT DOMAIN CONTROVERSY

BY MICHAEL DEBOSE
STATE REPRESENTATIVE
(D – 12th House District
)


Eminent domain is a controversial subject, one which I have mixed feelings toward. There are some instances where I feel that it can be a beneficial tool for communities. If an area is blighted and is not able to be saved, communities need to have the power to take private property and bring back economic and social revitalization to the area. If there is a strategic plan put in place and the ultimate goal is to benefit the economic well being of its citizens and the members of the blighted community receive fair compensation, then I would have to say I am for eminent domain.

On the other hand… last year the Ohio General Assembly approved a bill placing limits on the government’s authority to take property for economic development purposes. The bill sets a requirement on eminent domain; at least 70 percent of the properties in a targeted area have to be deemed blighted before the government can take the land. I believe this is a good first step toward eminent domain, however, the homeowners in these areas will argue that their neighborhoods are not blighted and redevelopment will not necessarily be for the public good. Some will say that eminent domain should not be used to build projects where the primary recipient of income would be private developers. The majority of the benefits should be for the community and the members of the community. I believe that a person has the right to own their own land and to do so without fear of the government taking it from them. Lower- and middle-income individuals should have just as much safety in owning property as the wealthy. Our government should not favor any entity on the basis of wealth.

My advice to municipal leaders for effective usage would be to take a step back and look at the situation, analyze it and then make an educated decision. The government should not abuse this power. They are able to seize your land for private use if it is for the public good. But the government needs to be careful, “public good” needs to be defined, and, in my opinion, the definition should be: to promote affordable housing, clean up polluted land, create jobs and revitalize a distressed area. Overall, I would like to stress the importance of considering all aspects of eminent domain in order to make the best decision possible. NEO

State Representative Michael DeBose represents the 12th Ohio House District, which includes the city of Cleveland in Cuyahoga County.
 


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