Eminent domain case is planned vs. copper project
“With no discussion, the Town Council voted unanimously Monday to use the town’s eminent domain powers if necessary to buy the Florence Copper Project.
Officially, the town’s purposes for acquiring the property off Hunt Highway include eliminating the land’s “claimed legal nonconforming use” (copper exploration); the water rights; a site for a future wastewater treatment plant; and sites for other town facilities, buildings and related improvements, according to a memo to the council from Town Attorney James Mannato.
Eminent domain is a process by which a government condemns and buys property needed for a public purpose, whether or not the seller is willing.
“As you know, before the town can take way Curis’ private property the town will need to demonstrate a public purpose for the seizure. The fear of government taking property from private citizens to benefit other private interests is exactly why the voters of Arizona passed the Private Property Rights Protection Act in 2006. If the town cannot get over the high legal hurdles enacted by that ballot initiative, there will be nothing to show for this expropriation effort except Curis’s legal bills — which by statute the town will be required to pay.”
Denise Kollert told the council the cost of the land doesn’t include legal fees as lawsuits go forward. She urged the council to let Curis Resources run a pilot test, which has been done before on this land. If there are problems the project can be stopped without huge expense to taxpayers, she said.”
Cowling,Mark. Tri-Valley Central 7 March 2013.