By Jonathan Oosting | MLive.com
Local eminent domain attorney Alan Ackerman says Mayor Dave Bing’s ambitious plan to demolish blighted properties and relocate residents from desolate to stable neighborhoods is not only constitutional, it is necessary.
“It’s an issue of public safety. And I think that the city has a reasonable argument.”
Just six years ago, Ackerman was on the other side of the eminent domain argument, leading a successful fight to overturn a 1981 state Supreme Court decision that allowed Detroit to uproot residents so General Motors could build its Poletown plant.
But Ackerman said Bing’s plan is different because he’s not trying to sell the land for profit to a business; he’s trying to target public services to population-dense neighborhoods.
“Government isn’t there for a profit,” he said. “Government is there to give basic services to the citizenry. Detroit cannot do that with the present plans of where buildings do and do not exist.
“Mayor Bing’s got his arms around this issue very, very well. I am surprised, I was not a Bing supporter.”
Citing an amendment to the state constitution voters approved in 2006, Ackerman said local governments looking to seize a property must prove it is blighting an area and will be for public use. While a single house in an otherwise abandoned neighborhood may be in fine condition itself, requiring police and fire fighters to take care of that one home may hurt the larger community.
“Therefore, to properly apportion police and other public safety you have to remove that house because it blights the rest of the city,” Ackerman said.
Mayor Bing said Tuesday that he will try to offer incentives luring residents to stable neighborhoods, and Ackerman said the constitutional amendment requires governments to fairly compensate residents whose properties they expropriate.
The city would be required to pay homeowners 125 percent of their home’s value, give them time to move and provide other relocation benefits.
Bing expects legal challenges, and while Ackerman believes the plan is constitutionally sound, he said the state legislature could step in if needed.
“If the courts don’t read the constitutional amendment the way I do… We have to change the amendment. That’s it. If it doesn’t cost the state dollars, the legislation will help the city any way they can. Republicans and Democrats.”
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I don’t have a problem with shrinking the city because there’s some neighborhoods with one or two houses left on the entire block. However many of these homes are well maintained and paid for. The city should be made to pay people properly for their domain. Previously the city has underpaid people for their property and was allowed to get away with it. Since there’s less people residing in the city, there’s no need for nine Council members as well as the number of people in the administration of Dave Bing which includes Warren Evans and Janice Winfrey whom we know have unnecessary people working with them but it’s all about whom you know not what you know. You can be a complete dummy and get the hook-up if you know the right people. It doesn’t matter because it’s all about them and not the people whom employ them. Hopefully one day things will change when enough people decide to change, unite and fight for what’s rightfully theirs. However it must be done from the very beginning, not when it’s out of control in the hands of UNDESIREABLES such as this so called city leadership. Change is going to be a long time coming so if you choose to leave Detroit for a better life that’s OK. If you choose to stay that’s OK as well. Matter of personal choiceif available. I choose to get out of this HELL HOLE.