(Spencer)– The Spencer City Council voted 4-1 Monday to hold a public hearing on the possible use of eminent domain to extend a city street as part of an agreement with a developer. City Attorney Don Hemphill says ongoing talks with a landowner through which the street would pass have been unsuccessful so far…
“They just don’t see things quite the way the city does. I’m hopeful that we still could reach the point where we reach a voluntary agreement, I think that’s still likely. But under the time constraints to have that street constructed by before now a year from now, we need to start the process.”
The possible use of eminent domain isn’t sitting well though with councilman Brian Balk, who cast the lone no vote…
“Eminent domain undermines the consent of property owners and in doing so it erodes the very personal liberty and freedom we enjoy. Eminent domain is not merely a legal concept or process. It’s implications are far reaching. It is a stark reminder that the state’s power should never exceed the rights of an individual. Eminent domain represents the departure from the principals of liberty, consent and property rights, and it is our duty to safe guard our rights against such encroachments as they are the essence of our democracy.”
The public hearing will be held as part of the Spencer City Council’s next regular meeting on October 16th.
