It’s all about the meaning of “blight”…eminent domain.
Previously I posted about how quietly using CRAs, Community Redevelopment Agencies, has given states the power of eminent domain over areas they deem to be “blighted.” Our city has four areas under the control of such agencies, and they get to decide what is blighted. It is an awesome power.
My previous post about eminent domain and CRAs.
I found more on this subject today. It explains how Florida, for one, can claim to have laws in place to protect against seizure of property under eminent domain…..the catch is they limit it to “blight”. And they get to define what “blight” is. Blight can be anything developers want it to be in Florida.
States move to blunt effect of Supreme Court eminent-domain ruling
CHICAGO — “Alarmed by the prospect of local governments seizing homes and turning the property over to developers, lawmakers in at least half the states are rushing to blunt last month’s U.S. Supreme Court ruling expanding the power of eminent domain.”
“In Texas and California, legislators have proposed constitutional amendments to bar government from taking private property for economic development. Politicians in Alabama, South Dakota and Virginia likewise hope to curtail government’s ability to condemn land.”
“The Constitution says governments cannot take private property for public use without “just compensation.” Governments have traditionally used their eminent domain authority to build roads, reservoirs and other public projects. But for decades, the court has been expanding the definition of public use, allowing cities to employ eminent domain to eliminate blight. Arkansas, Florida, Illinois, Kentucky, Maine, Montana, South Carolina and Washington already forbid the taking of private property for economic development except to eliminate blight. Other states either expressly allow private property to be taken for private economic purposes or have not spoken clearly on the question.”
“Illinois state Sen. Steve Rauschenberger, a Republican who is considering a run for governor, said the state’s blight laws need to be more restrictive.
“The statutory definition of blight in Illinois is broader than the Mississippi River at its mouth,” he said. “They have taken everything from underdeveloped lakefront property to open green-grass farmfields as being defined as blighted.”
I hate that I quoted a Republican on this, but he is right. Senator Bill Nelson is trying for a bill to limit its use as well. But it still all comes down to the definition of “blight.” That is going to be the catch.
The best definition I found of “blighted” is this:
“Affected by blight–anything that mars, or prevents growth or prosperity”
I found this website from Fernandino Beach, Florida. It is a presentation of their attempt to define blight, and there are many pictures there of what is considered such. Some do not look like blight to me.
Determining Blight, with photos
This is from the Fernandina site I posted in the original. These are so open to wide interpretation that they speak for themselves.
“Blighted” definition per State Statue, Chapter 163.340
(8) “Blighted area” means an area in which there are a substantial number of deteriorated, or deteriorating structures, in which conditions, as indicated by government-maintained statistics or other studies, are leading to economic distress or endanger life or property, and in which two or more of the following factors are present:
(a) Predominance of defective or inadequate street layout, parking facilities, roadways, bridges, or public transportation facilities;
(b) Aggregate assessed values of real property in the area for ad valorem tax purposes have failed to show any appreciable increase over the 5 years prior to the finding of such conditions;
(c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
(d) Unsanitary or unsafe conditions;
(e) Deterioration of site or other improvements;
(f) Inadequate and outdated building density patterns;
(g) Falling lease rates per square foot of office, commercial, or industrial space compared to the remainder of the county or municipality;
(h) Tax or special assessment delinquency exceeding the fair value of the land;
(i) Residential and commercial vacancy rates higher in the area than in the remainder of the county or municipality;
(j) Incidence of crime in the area higher than in the remainder of the county or municipality;
(k) Fire and emergency medical service calls to the area proportionately higher than in the remainder of the county or municipality;
(l) A greater number of violations of the Florida Building Code in the area than the number of violations recorded in the remainder of the county or municipality;
(m) Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area; or
(n) Governmentally owned property with adverse environmental conditions caused by a public or private entity.
“However, the term “blighted area” also means any area in which at least one of the factors identified in paragraphs (a) through (n) are present and all taxing authorities subject to s. 163.387(2)(a) agree, either by interlocal agreement or agreements with the agency or by resolution, that the area is blighted. Such agreement or resolution shall only determine that the area is blighted. For purposes of qualifying for the tax credits authorized in chapter 220, “blighted area” means an area as defined in this subsection.”
Do these photos look “blighted” or do they simply look like well-kept, cared-for, average neighborhoods with older homes? Florida is in dangerous territory here.