A Last Resort - Eminent Domain

One of the great freedoms of our country is the freedom to own property. This right is enumerated in the Fifth Amendment of our Constitution, where it states that private property shall not be taken for public use, without just compensation. The right of private property is one that I hold dear and value as it is the foundation of our society and economy. In action today as a township trustee, I voted to authorize our legal counsel to start eminent domain proceedings against private property owners. I do not take this action lightly; it was a difficult decision but ultimately it was necessary in order to preserve the safety and welfare of the Sylvania community.


For the last six months, the Sylvania Township Trustees have worked diligently to secure and prepare a new location for Fire Station #3, currently located at Monroe and Whiteford. The last remaining roadblock to construction of this new facility is the ability to hook in to the county sanitary sewer system. To do this, we need access, commonly called an easement, across a neighboring property in order to reach the sanitary sewer.


Unfortunately, owners of several neighboring properties are adamant in their refusal to grant us such access citing speculative development value of their properties. Their demand to create an easement around not only the buildings that currently stand on the properties, but innumerable potential building locations as well, is simply impossible to do.


The reality is that Sylvania needs a fire station now; we cannot wait until speculative development of the property happens. Voters passed a fire levy in March 2008 which authorized the construction of three new fire stations. Sylvania Township has an obligation to our community to do exactly that. In order to build a new Station #3, we need sanitary sewer access. The adamant refusal of all adjacent property owners has lead to only one conclusion - Sylvania Township must take action to secure private property for public use.


I reject the use of eminent domain for private development projects, and reject the notion that such private projects have a public purpose simply because they increase the tax revenues of the government. But in a seeming paradox, we are being asked not to take property because of the potential future benefit to current owners, thus disregarding the current benefit and necessity to our community of safety services. I will not use the government's eminent domain authority to benefit private individuals, but I also will not allow the potential benefit of one to take priority over the needs of the entire Sylvania community.