A bill before Utah's governor would make it possible for communities to use eminent domain to take property away from owners in designated blighted areas so the land may be used for private development.
If passed, House Bill 365 would allow the community of Ogden to condemn land that would be used for to build a Wal-Mart. The city has sought a Wal-Mart for a number of years and attempted to use eminent domain in the past to secure a store. Ogden points to the jobs and tax revenues a Wal-Mart would provide as a clear sign the public good was being served.
Sen. Curt Bramble, R-Provo, initially opposed to the idea of eminent domain being used to bring Wal-Mart to Ogden two years ago, but has since changed his mind.
Sen. Bramble told The Associated Press, "I still believe the power of eminent domain should not be used for private development. There are some circumstances, however, where there may be a justification."
Rulon Yorgason is an Ogden resident opposed to 365. "It is mob rule," he said. "If people in your neighborhood say you've got to give it up, there's nothing else you can do."
Steven Anderson, director of the Castle Coalition, an organization opposed to the use of eminent domain for commercial purposes, said the problem with the bill before Gov. Huntsman is it isnot defined clearly enough and open to abuse.
Terms such as "blight" and "excessive vacancy" are open to a wide variety of subjective interpretations, he said.
"No one's home or small business is safe," said Mr. Anderson.
Rep. Stephen Urquhart, R-St. George, sponsored the bill. "We want to do our best to respect private property, and that's what our citizens expect. But clearly, there is an expectation that government also help out with some blight situations. I think that is a reality we need to deal with," he said last month as the bill was debated.
Wal-Mart is not the only retailer to have been caught up in intra-community battles such as the one going on in Ogden.
Back in 2005, a spokesperson for Home Depot, told the Atlanta Business Chronicle, "When cities or states identify areas for redevelopment and present them to The Home Depot for consideration, the company has an obligation to its customers, shareholders and associates to make a careful review of the potential investment, its return to the shareholders and the community. If a city moves forward with plans to use eminent domain, The Home Depot is often one of the most desired tenants to participate in this type of redevelopment."
Discussion Questions: Where do you stand on the use of eminent domain being used to allow private development that may be seen as benefiting a community or state? Does the definition of what constitutes the "public good" need to be broadened or otherwise redefined to allow for the benefits private development may bring to a community?