Private Property Rights vs. Eminent Domain

It is imperative that everyone view the presentation on DeKalb County Opportunity Zone Designation and Urban Redevelopment Plan because this plan will expand our local government power under eminent domain. 

You will noticed that the words “Eminent Domain” do not appear not once in the 12 page presentation. However, one power implemented in the Urban Redevelopment Plan is eminent domain. DeKalb County plans to expand the boundaries of Urban Redevelopment to include over 80% of Unincorporated DeKalb. The Urban Redevelopment expansion includes residential areas and homes. Why?

What is Urban Redevelopment?

The 1955 Georgia Urban Redevelopment Act empowers local governments to combat blight and chronic underdevelopment in areas within their jurisdiction.  DeKalb County designated an Urban Redevelopment Agency in 2010 that will undertake redevelopment in the defined Urban Redevelopment Area (URA). This Urban Redevelopment Area is due to expand and include over 80% of Unincorporated DeKalb. (please view the map located in the report)

Why should you care?

The reason you need to be concerned about the expansion of the Urban Redevelopment Area is due to:

· Government can take your private property through eminent domain and give that property to a private corporation/developer in the name of economic development.

· Government is allowed to wave many requirements of its existing zoning and development requirements in the name of economic development. You can say good bye to your local zoning laws.

If a company plans to bring economic development with at least 2 jobs, the government can take private property and give the property to private developers in the name of economic development or expansion of our tax base. Remember, one of the major components of the Urban Redevelopment Plan involves eminent domain.

Are you ready to trust our local government with expanding its power under “eminent domain”? Are you ready to give up your property to a private developer that plans to bring two jobs or more? Please educate yourself on this issue using the following links:

1. DeKalb County Opportunity Zone Designation and Urban Redevelopment Plan

2. DeKalb County Urban Redevelopment Plan

3. Development without Eminent Domain by Curt Pringle

4. Private Property Rights vs. Economic Development with Smith, Gambrell, and Russell

5. Kelo’s revenge: Voters restrict eminent domain

Summary of Georgia’s Urban Redevelopment Act

(O.C.G.A 36-61-1)

Purpose:

• Gives cities broad powers to redevelop blighted or threatened areas of the community.

• Allow communities to use eminent domain to work with property owners when specified public uses are needed to buy and assemble blighted property for revitalization and resale.

• Does not require a referendum.

• The required Urban Redevelopment Plan (URP) is fairly easy and inexpensive to prepare and amend.

• Can be implemented either by a Downtown Development Authority (DDA) or a Redevelopment Authority appointed by the city.

• Encourages involvement of private enterprise/public private partnerships to redevelop neglected areas of the community.

• Permits use of tax exempt bonds for redevelopment purposes. These may be secured by loans and grants.

• Lets the public know what is being planned for the redevelopment area.

• Guides City investments in infrastructure to support redevelopment.

• Allows the City to negotiate variances and wave many requirements of its existing zoning and development requirements in order to achieve the optimum economic and aesthetic results in the redevelopment area.

More info.