Real Estate & Property Law

Adams, Massachusetts Attempts to Eradicate Blighting Influences

By Alan Ackerman

The Advocate

There are other vacant buildings and storefronts throughout the downtown area, but these three are the major skeletons. No community should have to tolerate this kind of visual blight and virtual abandonment of major buildings in its downtown area. To own a major part of any community's downtown is to also shoulder a higher responsibility than simply paying taxes and nailing fresh sheets of plywood on the windows every few years.

It doesn't take an expert in public planning to see that the owners of all three of these properties are failing their responsibility to the community at large. The taking of property by eminent domain is a wonderful tool when used wisely. And combined with a bulldozer, it can turn a chilly wasteland into warm, inviting green space overnight.
    
Kelo intended to allow states to determine whether their respective jurisdictions desire to limit takings for non-public purposes.  These purposes relate to whether there is economic development to be allowed under the state's respective constitutional amendment of payment of just compensation for public uses.  However, condemnation for blight, without any thought of economic development or end users is within police power.  Clearly, a few dilapidated buildings can be expected in any community.  However, a community has a right to eradicate these blighting influences.  Adams, Massachusetts apparently is working at this.

Full post as published by National Eminent Domain Blog on May 24, 2010 (boomark / email).