Residents’ fears of eminent domain are justified
“Local economic development interests, working primarily through the Regional Economic Development Inc. (REDI), have asked the Columbia City Council to pass ordinances setting up an enhanced enterprise zone (EEZ) in Columbia. The rationale is to add to the local tool kit of economic development options as we seek to compete for quality commercial opportunities in the years ahead.
On the other hand, do we Missourians really have anything to fear from cities using eminent domain to take private property for private use? Unfortunately, the answer is yes. I suspect a large majority of people assume condemnation is used only for “public” purposes: for example, the construction of roads, power lines, public buildings, etc. That, in fact, used to be the law, until the Missouri Constitution of 1945 was adopted by a vote of the people. It provides that “blighted” property could be acquired by eminent domain for resale to someone else. Several enabling statutes and Missouri Supreme Court decisions later, it is clear courts will give almost total deference to a city when it designates a property as “blighted” for the purposes of eminent domain, even when that is clearly not the case. A section of affluent Clayton, of all places, was declared to be “blighted,” for example.
The EEZ operation is actually a state program administered by the Department of Economic Development. And it is hardly small; 118 EEZs are in place across Missouri. If a company meets the requisite jobs-added numbers, it gets income tax and property tax abatements, as per a formula. Manufacturers are the primary target firms.”
Roper, Bob. Columbia Daily Tribune 11 March 2012.