Oklahoma City's Use of Eminent Domain Sets Dangerous Precedent


FOR IMMEDIATE RELEASE:
Contact: Ray Carter, House Media
Capitol: (405) 557-7421

Contact: State Rep. Mike Reynolds
Capitol: (405) 557-7337
Oklahoma City: (405) 691-1650

Oklahoma City's Use of Eminent Domain Sets Dangerous Precedent

OKLAHOMA CITY (October 2, 2006) - Oklahoma City's plan to use eminent
domain to clear the way for liquor sales opens the door for dramatic
erosion of private property rights, state Rep. Mike Reynolds warned
today.
"If Oklahoma City is allowed to condemn property solely because
it is now off-limits to alcoholic beverages, that will open the door for
cities to run roughshod over homeowners and churches," said Reynolds,
R-Oklahoma City.
Local developers want to build new retail and residential
facilities on a triangular piece of property in the Flatiron District
near downtown Oklahoma City, but a deed restriction has complicated
their plans.
In 1892, the original owner - Daniel Stiles, a military officer
- placed a restriction on the deed saying no intoxicating liquor or beer
could ever be produced, distributed or disbursed on the property or
ownership of the land would automatically revert to Stiles' heirs,
according to a recent news report.
The current owner of the property, the Oklahoma City Urban
Renewal Authority, now claims that restriction is "onerous" and reason
to declare the property "blighted" under eminent domain law. Once the
property has been condemned and seized through eminent domain, the city
can clean the title and eliminate the restriction.
Essentially, the city is going to condemn its own property to
avoid fulfilling its legal obligations, Reynolds noted.
"Oklahoma City obtained this property knowing that it could not
be used for liquor sales, but now they want to ignore that commitment
and negate state law governing property transactions," Reynolds said.
"The city should instead keep its word and honor its commitments."
If the city is allowed to use eminent domain in this case, he
said any Oklahoman with an attractive piece of property could be
targeted by developers with political connections.
"What's to stop Oklahoma City from declaring a church 'blighted'
because the church doesn't allow liquor on the site?" Reynolds said.
"Oklahoma City's plans could have repercussions across the state and the
rights of private citizens will be diminished as a result."
He noted the case could also discourage landowners from donating
property to any governmental entity in the future.
"Why would anyone donate property if the government is free to
use the land any way they see fit - including uses that violate a
landowner's personal convictions?" Reynolds said. "Someone who donates
land for a children's playground today might see it turned into a strip
mall tomorrow. This is bad public policy."

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