How Eminent Domain powers may be utilized

October 29th, 2006

A TIF financially enables the Village to use their eminent domain powers. The Bill of Rights specifies the only purpose for eminent domain is “public use.” Under redevelopment, public use has now been expanded to include privately owned auto malls, condos, movie theatres, and shopping centers. Private property in the TIF district can be purchased by the Village and then sold to a developer. Eminent domain should be a tool of last resort for true public benefit, not the heart of the rationale for redevelopment.

  • As stated earlier, there are three hundred and thirty (330) total housing units in the proposed TIF, and eleven (11) units may be slated for displacement. The units that may be displaced are located at 56 Pine, 60 Pine, 62 Pine, 62 & 64 Pine (Units 1E, 2E, 3E, BE, 1W, 2W, 3W, and BW) and 68 Pine, 61 E. Burlington, and 63 E. Burlington. You can see this information on page 36 of the redevelopment study.
  • The Des Plaines Residents for Responsible Taxation flyer has a very clear explanation of how eminent domain can be used by communities.
  • The parking lot of the Riverside Swim Club is included in section 6-2 of the TOD Plan as an option for a Community Center.
  • “Plans to buy several Forest Park homes and businesses to expand two parking lots were put on hold this week when more than 100 residents protested the idea.” See the full Chicago Tribune article dated December 13, 2006.

2 Responses to “How Eminent Domain powers may be utilized”

  1. wrote on Dec 04, 2006 at 7:21 pm   larry bakalich

    I sent the following correspondence to a Riverside Trustee. Who is a member of the TIF and who are the people who will decide on issues?

    William Scanlon, Trustee
    Riverside Village Board

    December, 4, 2006

    To TIF, or not to TIF, that is the question.

    Here in Riverside there is a lot of excitement about the Village Board’s interest in applying for and making certain parts of Riverside a Tax Increment Finance (TIF) District.

    To TIF, the Village of Riverside says is: “Tax Investment Financing, or TIF, is a tool state lawmakers gave local governments more than 20 years ago to help local governments restore their run-down areas or jump start economically sluggish parts of town” The publication further points out that “Without TIF benefits, a stagnant area will not improve. Businesses do not sink capital into decaying areas and most local governments cannot afford the needed costly improvements without raising taxes”

    Not to TIF, there’s no blight in Riverside that is not fixable using regular governmental measures. And on the positive note, with all of the new construction that is going on, our future is getting brighter not dimmer. We already have the best schools and environment to claim that this a great place to raise a family. What else is there?

    While I must admit that I am very ignorant about the rules regulating TIF, I would like to know the answers to these questions:

    1. It is my understanding that a municipality may exercise eminent domain with or without TIF, correct?
    2. If the property is acquired by TIF, the property owner will receive a minimum of fair market value, correct?
    3. If the property has already been acquired for a TIF project, the municipality may sell the property to the private sector without getting competitive bidding or auction and the municipality may sell it for less than fair market value, correct?
    4. Who are the members of the TIF Board?

    To determine if I can support a TIF project, I would appreciate knowing the answers to my questions.

    Thanks,

    Lawrence M. Bakalich
    459 Northgate Ct. Riverside, IL 60546
    708 442 6990

  2. wrote on Dec 05, 2006 at 6:06 pm   Anonymous

    Larry, Please share with us any response that you get.

    mike tomecek