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HomeMy WebLinkAboutResolutions - 2005.09.22 - 28014REPORT (MISC. 105172) September 22, 2005 BY: General Government Committee, William R. Patterson, Chairperson IN RE: MR #05172 — BOARD OF COMMISSIONERS — SUPPORT FOR A CONSTITUTIONAL AMENDMENT FOR THE SOLE PURPOSE OF NARROWLY AND CLEARLY DEFINING THE TERM "PUBLIC USE" CONSISTENT WITH THE 2004 MICHIGAN SUPREME COURT DECISION (COUNTY OF WAYNE VS. HATHCOCK ET AL) THAT OVERTURNED THE POLETOWN DECISION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: The General Government Committee, having reviewed Miscellaneous Resolution #05172 on September 12, 2005, reports with a recommendation that the resolution be adopted. Chairperson, on behalf of the General Government Committee, I move acceptance of the foregoing report. GENERAL GOVERNMENT COMMITTEE p foicc General Government Committee Vote: Motion carried unanimously on a roll call vote. MISCELLANEOUS RESOLUTION #05172 BY: Sue Ann Douglas, District #12; David Woodward, District #18; Bill Bullard, District #2; Eric Coleman, District #23; Charles E. Palmer, District #19; David Coulter, District #25; Marcia Gershenson, District 147; Eileen T. KowaII, District #6; John A. Scott, District #5; Mike Rogers, District #14; IN RE: BOARD OF COMMISSIONERS - SUPPORT FOR A CONSTITUTIONAL AMENDMENT FOR THE SOLE PURPOSE OF NARROWLY AND CLEARLY DEFINING THE TERM "PUBLIC USE" CONSISTENT WITH THE 2004 MICHIGAN SUPREME COURT DECISION (County of Wayne vs. Hathcock et al) THAT OVERTURNED THE POLETOWN DECISION To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the right of an individual to own property without the threat that his/her government will take their property and give it to a private entity for a non-public use is fundamental to democracy in the United States; and WHEREAS Eminent Domain is the power of a government to take private property for public use; the 5th Amendment of the US Constitution and articles in many state constitutions allow this practice provided that fair compensation is made; and WHEREAS historically Eminent Domain has been used for public uses such as roads, parks, schools and other governmental functions; and WHEREAS in 1954, the United States Supreme Court began to erode individual property rights when it determined in Berman vs. Parker that government's power of eminent domain could be used to seize property in order to remove "blighted" areas; and WHEREAS the definition of a "blighted" area has become so expansive that in 1981 the Michigan Supreme Court allowed the City of Detroit to condemn a stable neighborhood called Poletown to make way for a General Motors plant; and WHEREAS in 2004, the Michigan Supreme Court overturned the "Poletown" decision when it ruled on The County of Wayne vs. Hathcock et al, and noted that: "...if one's ownership of private property is forever subject to the government's determination that another private party would put one's land to better use, then the ownership of real property is perpetually threatened by the expansion plans of any large discount retailer, "megastore," or the like."; and WHEREAS the Michigan Supreme Court also noted in 2004 that: "...we must overrule Poletown in order to vindicate our Constitution, protect the people's property rights, and preserve the legitimacy of the judicial branch as the expositor—not creator— of fundamental law."; and WHEREAS on June 23, 2005, the United States Supreme Court, in a 5-4 decision, ruled in the case, Kelo vs. City of New London, Connecticut, that government may use eminent domain for the benefit of developers; and Chairperson, I move adoption of the foregoi resolution v d w---kP).(ocidw rd, Distnct Cee (e-t4i't `Sue Ann Douglas, District # 12 WHEREAS United States Supreme Court Justice Sandra Day O'Connor said in her dissent to the Kelo decision; "All private property is now vulnerable to being taken and transferred to another private owner, so long as it might be upgraded. ... The specter of condemnation hangs over all property. Nothing is to prevent (local governments) from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory."; and WHEREAS even though the Michigan Supreme Court, through a strict constitutional interpretation, reversed the Poletown decision and placed Michigan property owners in a more secure position for the immediate future than property owners in many other states, a future Michigan Supreme Court could reverse the current ruling, once again allowing the condemnation of private property for private developers where no public use is involved; and WHEREAS during the 23 years the Poletown decision was the law of the land in the State of Michigan, many of Michigan's residential and small business property owners were let down by their government as it, with little thought or care for their long term interests, took their property and gave it to private developers for the sole purpose of increasing the government's tax base; and WHEREAS United States Supreme Court Justice John Paul Stevens, in writing for the majority on the Kelo decision, pointed out that the Constitution does not preclude individual states "from placing further restrictions (on) the exercise of the taking power." NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners, on behalf of Oakland County property owners, urges the Michigan Legislature to place an amendment to the State of Michigan Constitution on the ballot for the sole purpose of narrowly and clearly defining "public use" in a manner that is consistent with the 2004 Michigan Supreme Court ruling (County of Wayne vs. Hathcock eta!) on eminent domain that overturned the 1981 Poletown decision. BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners, on behalf of Oakland County property owners, commends the Michigan Supreme Court for their just and bold ruling in 2004 (County of Wayne vs. Hathcock et al) that overturned the Poletown decision. BE IT FURTHER RESOLVED that copies of this resolution be forwarded to the Michigan Supreme Court, Governor Jennifer Granholm, the Oakland County legislative contingent in Lansing, the Michigan Association of Counties and all Oakland County Communities. Bill Bullard, DiStrict #2 )fs4. /7/(,f/r/ ONA-,, cc4n;, 4=t--7 David Coulter, District #25 A ceL Eie n T. Kowall, Distric #6 z Resolution #05172 August 18, 2005 The Chairperson referred the resolution to the General Government Committee. There were no objections. Ruth Johnson, County Clerk Resolution #05172 September 22, 2005 Moved by Douglas supported by Patterson the resolution be adopted. Moved by Douglas supported by Patterson the General Government Committee Report be accepted. A sufficient majority having voted in favor, the report was accepted. Vote on resolution: AYES: Gershenson, Gregory, Hatchett, Jamian, KowaII, Long, Melton, Middleton, Molnar, Moss, Nash, Palmer, Patterson, Potter, Scott, Wilson, Woodward, Zack, Bullard, Coleman, Coulter Crawford, Douglas. (23) NAYS: None. (0) A sufficient majority having voted in favor, the resolution was adopted. NS MT NOE COUNTY EOM AC11111 STATE OF OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on September 22, 2005, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 22nd day of September, 2005.