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Examining eminent domain

Part one of a two part series investigating eminent domain and Ledgewood

Matthew Finger
Op-Ed Editor

The issue of eminent domain has been a hot topic both on and off Xavier’s campus. With Xavier’s unveiling of a 10 year growth plan, which includes a renovated Alter Hall, McDonald Library, more greenspace and a new Williams College of Business, comes the possibility of eminent domain.

Newswire

The houses along Ledgewood are scheduled to come down in preparation for the new academic quadrangle.

This comes in the midst of the Ohio Supreme Court’s ruling involving the use of eminent domain in the Rookwood Commons area of Norwood.

On Sept. 7, the Ohio State Supreme Court ruled that the property of Sanae Ichikawa-Burton and Matthew Burton be returned to them, writes Steve Kemme of the Cincinnati Enquirer.

The Burtons are not alone in their struggle against the potential building of a $125 million office-condominium-retail venture. Joe Horney along with Joy and Carl Gamble Jr. have also had their bouts with the use, and often labeled ‘abuse,’ of eminent domain.

What is eminent domain, exactly? Well, that’s a difficult question to answer, especially since in the past, there has been a somewhat dynamic definition. Basically, eminent domain is the government’s ability to seize private property for public use, with the promise of compensation for that property.

But it’s more complicated than that. Parade Magazine published an article on Aug. 6 that also touches on the issue of Norwood’s eminent domain predicament. In this article, the 2005 United States Supreme Court case of Kelo v. City of New London is cited. This case set the standard on which Jeffery R. Anderson Real Estate and the Miller-Valentine Group, which are the companies involved in the Norwood case, and potentially Xavier University, are basing their arguments.

Kelo states that the government, both state and local, can seize homes so that private development can proceed. But Kelo also claims that in doing so, the private development cannot “benefit a particular class of identifiable individuals.” Basically, the development of the land by the private institution must be of public benefit.

The Ohio Supreme Court came to the same conclusion in July of this year when it reached the decision that it is unconstitutional for the government to confiscate property from a private party to give to another private party, with one exception: that the property serves a public benefit other than an increased tax base.

In the past, the term “public use” has included projects such as railroads, highway systems, urban-renewal projects, as well as schools and recreation areas such as parks. But what Kelo brings to the table is the very real threat to middle class residential areas, such as the houses on Ledgewood Avenue, which are the properties that would be affected by Xavier’s use of eminent domain.

The Ohio Supreme Court’s ruling does not affect Xavier’s case for the use of eminent domain, if it so chooses to use it, says Gregory Korte of the Cincinnati Enquirer, since the state has upheld the belief that classrooms and dormitories serve a public use, even though Xavier is a private university.

This ruling has, however, proven to be problematic for the residents of the 11-acre site across from Rookwood, which has been under threat of being seized.
Would the building of a commercial center in Norwood serve a public purpose?

Some believe it would, citing Norwood’s economic decline in the past two decades and its transformation from a relatively prosperous industrial city to the current residential area it is now, which is plagued with unemployment and a growing crime rate.

For the Burtons, Gambles and Horney, the issue of eminent domain is still a concern, but since the state’s Supreme Court ruling this month has fallen in their favor, the potential of seizure by the government and subsequently commercial developers is a dying one.

Xavier, on the other hand, is just beginning its involvement in the topic of eminent domain. In the past seven years, Xavier has spent $2.3 million in acquiring properties on Ledgewood. On average, Xavier has paid the private parties two and a half times the appraised value, as provided by the Hamilton County Auditor’s Office, cites Gregory Korte.

Should Xavier invoke eminent domain, it would not be setting precedent. Just this year, Tiffin University, another private university located in Ohio, was confronted with the difficulties that accompany eminent domain. Their case, which involved the acquisition of a private property which was expressed as a “polluted, ugly scarp yard” by Tiffin University president Paul Marion, was settled out of court for the price of $430,000.

Obviously, the properties on Ledgewood Avenue are not ‘blighted,’ a term used to describe a dilapidated property, such as the one involved in the Tiffin case. Being blighted makes a property eligible for seizure under eminent domain, though like eminent domain the term ‘blighted’ can have a very fluid definition.

This brings us to the question of whether or not Xavier, should it decide to use eminent domain to acquire properties in its search for expansion, has the right to invoke such a power. Is the progress of a private university beneficial to the community as a whole? Moreover, is the basic principle behind eminent domain a violation of private rights? These inquiries and more will, with any luck, be touched upon, though doubtfully resolved, over the next week with the interviewing of key figures in Xavier’s bout with eminent domain.

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SWAT team thwarts suicide attempt

Jennifer Downing
Senior News Editor

Norwood SWAT team responded to a suicide attempt on Delaware Ave. on Sunday evening, one of many recent off-campus scares.

“A call came in, a male was upset and we heard a thump,” said Bobby Ward, HCPA SWAT Team Assistant Leader.

When the Norwood Police Department arrived, gas permeated the air and attempts were made to get the man out of his home.

“He wouldn’t come out, so we had to evacuate,” said Ward. “We cleared the house and houses that were a couple hundred feet around it, and we called Norwood Fire Department, more police officers, the SWAT team, Duke energy.”

“We had to shut off the gas and electric for the whole block. The gas readings were so high – we had to keep backing out and let the house vent. We broke out the basement windows and saw the suspect trying to hang himself,” said Ward.

The suspect, who survived the suicide attempt and is currently in psychiatric hold, will be charged for inducing panic because the SWAT team was called in.

Delaware Ave. is the off-campus home to some Xavier students, and is only blocks from campus, but off-campus crime has affected other residential streets as well.

“We have had a rush of car and house break-ins,” said Officer Jay Roy of the Norwood Police Department. “But crime seems to be worst on the Dana side.”

A female student who lives on Cleneay Ave. reported that the first floor of her apartment has been broken into twice since the start of the school year.

“My understanding is that the back door was left unlocked accidentally after two roommates left. When one of the boys downstairs got out of the shower, a man was standing over his desk messing with wires on his laptop,” said the student.

He had the other two boys’ laptops stacked up, as well as a pile by the back door.”

The resident confronted the intruder, who returned the goods without any violence.

“The second time, I don’t think anyone was in the apartment. Someone broke through the screen of the window and was actually able to grab the DVD player through the window,” said the same student.

“Almost all of these break-ins – house and car – are for easy steals. I would advise people to take all valuables out of their cars. Keep backpacks and valuables out of sight – even loose change,” said Officer Roy.

Another female resident of Ledgewood reported that about two weeks ago, “A strong, black, 6-foot male came to the door and asked for money to get his car towed.”

“He claimed he was a Milford wrestling coach and had run out of his house without his wallet or anything. He was said he would bring back double the money as soon as he got his car towed,” said the student. “I was scared because he could have turned violent and busted into the house at any moment.”

“The same guy stopped my roommate on Ledgewood and fed her the exact same story two days later,” she said.

The suspect was identified and has charges of theft by deception filed against him, according to Chief Couch.

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Examining eminent domain

SWAT team thwarts suicide attempt