Thank You Old Town Residents For Your Participation in Last Night’s Open House
“Hands down, the number one question from last night was “Is the Town going to use eminent domain to tear down my house?” Despite the rumors and misinformation that has been spread, the simple and unequivocal answer is “No.” The Town of Erie Urban Renewal Authority has not reviewed and has not considered any project for Old Town let alone one that would authorize the use of eminent domain. Even after listening to Staff’s response, many residents still expressed concern and fear that being in an Urban Renewal Area means the Town is going to condemn their property. Staff explained that the ability to condemn property is a right of any municipality, including the Town of Erie, under eminent domain regardless of whether or not it is in a URA. That being said, the use of condemnation by government is limited to instances deemed necessary for the “public good” and usually as a last resort.
So if the Town does not have a URA project identified, why did the Town send out a notice in early October of this year to Old Town residents which read in part “…the Board will hold a hearing regarding whether to authorize the use of eminent domain for the acquisition of property….” The answer to this question is that State Law gives the Town little flexibility in how a Notice of Public Hearing is written. The State requires the Town to provide notice of Public Hearing to affected property owners that the Board is considering the formation of a proposed Urban Renewal Plan. The State also requires that the notice of Public Hearing must include information that the URA will be considering whether or not to authorize the use of eminent domain for the acquisition of property. “
Toen of Erie 6 November 2013.
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