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Are Changes Imminent to Eminent Domain Law?
Christopher W. Olmsted, Esq. and Duane S. Horning, Esq. Chamber Legal Committee The constitutional power of eminent domain has received bad press lately. Eminent domain grabbed national headlines earlier this year when the U.S. Supreme Court ruled in Kelo v. City of New London. The Court upheld the taking of an elderly lady's home where she was born and had lived since 1918. In City Heights, homeowners learned that their properties, some newly remodeled, would be taken by San Diego Model School Development Agency to make way for a school project and new housing. In National City, a car dealership owner balked at the local redevelopment agency's plans to take his property and turn it over to another, more prominent dealership. In response, politicians across the country including California and San Diego are scrambling to "do something" to protect their constituents from this government power that has quietly existed for ages. Hysteria may trample good public policy. It is time for the business community to formulate public policy positions that allow reasonable uses of eminent domain, while respecting private property rights. Generally stated, eminent domain is the state's power to take private property, in exchange for just compensation. The power of eminent domain requires that the taking is for a "public use." Much of the recent controversy has to do with the definition of "public use." One recognized public use in California is the formation of redevelopment areas. This requires the government to make a finding that the area suffers from "blight." Horton Plaza is an example where private property was condemned in a redevelopment area, and sold for redevelopment by another private landowner. Few would disagree that some areas of downtown San Diego were blighted in the 1970's, and in desperate need of redevelopment. Outside a redevelopment area, there is no requirement of a finding of "blight." The trend has been to define public use more and more broadly. For the rest of the story please click here |
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The Chamber's Annual Dinner is one of San Diego's most established business traditions. The event brings a Who's Who of our region's business and government leaders together to one event, on one night, at one place. Over 1,000 business and elected leaders expected to attend. The Annual Dinner will feature the induction of the Chamber's 2006 Chairwoman of the Board, Nikki Clay, Partner, Carpi & Clay, and the 2006 Board of Directors. The Spirit of San Diego, Courageous Leadership, and Regional Unity Awards will each be bestowed to individuals in the business community who have demonstrated the entrepreneurial and business spirit that is uniquely San Diego. When: Thursday, January 19th 5:00 – 8:00 p.m. Where: Town and Country Resort & convention center Atlas Ballroom 500 Hotel Circle North Cost: $150 Per Person, $1500 Bronze table for ten, $3000 Silver Table for ten, $5000 Gold table for ten For Sponsorship opportunities please call (619) 544-1355. |
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Renewing Members Chamber Press Releases Hot off the press |
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Members in Action Announcements, awards and more! Chairman's Report News from the Chamber Board |
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Your Business Advocate Leveraging its robust membership, collaborations with other organizations and political access, the San Diego Regional Chamber of Commerce's business advocacy team initiates legislation and lobbies for policies that create a stronger pro-business environment. |