Title: The Politics of Property Rights Education: Partnering or Going Alone subtitle: When Bad Things Happe
1The Politics of Property Rights Education
Partnering or Going Alone? ------------(subtitle
When Bad Things Happen to Good Programming)
- Gary Taylor Alan Vandehaar
- ISU Extension Community Economic Development
- gtaylor_at_iastate.edu
- alanv_at_iastate.edu
2Topic
- Context and chronology of the eminent domain
issue - The 21st Century Extension System
- Partners
- Professional Roles
- Suggestions from unlikely places
3Amendment V, US Constitution
- .nor shall private property be taken for public
use, without just compensation. - Most takings litigation has focused on issues
other than what constitutes public use - Regulations as takings
- Physical invasions as takings
4What constitutes public use?
- Little legal debate
- Public projects
- Roads, water plants, city halls, airports,
- Public access
- Parks, recreational trails
- Public purpose
- Elimination of slum, blight conditions
5Kelo v. New London, CT
- US Supreme Court, June 23, 2005.
- Is economic development alone, absent showing
that condemned properties are blighted or slums,
sufficient public use?
6Question was not new
- Hawaii Housing Auth. v. Midkiff (1984) state
law designed to break up historical land
oligopoly by condemnation and transfer to
tenants. - Uses are public if there is public advantage or
benefit, even though the property is not used by
the general public. - this Court will not substitute its judgment
for a legislature's judgment as to what
constitutes a public use
7Kelo v. New London, CT
- In a 5-4 decision, US Supreme Court affirmed that
condemnation of property for economic development
purposes is sufficient public use to satisfy
Fifth Amendment. - public use jurisprudenceaffords legislatures
broad latitude in determining what public needs
justify the use of the takings power. - we cannot say that public ownership is the sole
method of promoting the public purposes of
community redevelopment projects.
8Justice OConnor Dissent
- To reason, as the Court does, that the
incidental public benefits resulting from the
subsequent ordinary use of private property
render economic development takings for public
use is to wash out any distinction between
private and public use of property and thereby
effectively to delete the words for public use
from the Takings Clause of the Fifth Amendment.
9Justice OConnor Dissent
- The specter of condemnation hangs over all
property. Nothing is to prevent the state from
replacing any Motel 6 with a Ritz-Carlton, any
home with a shopping mall, or any farm with a
factory.
10Kelo
- Decision not surprising
- Public backlash surprising(?)
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14Extension Public Issues Education to the Rescue!
15The 21st Century Extension System
- Academic Neutrality
- The mission of Extension, to enable people to
improve their lives and communities through
learning partnerships that put knowledge to
work, can be sustained only in an atmosphere of
academic neutrality. - ECOP (2002), The Extension System A Vision for
the 21st Century.
16The 21st Century Extension System
- Partnerships
- Engage with communities and organizations
through open, flexible and expanded partnerships
that share resources, respond to needs and
expectations, recognize and honor contributions. - ECOP (2002), The Extension System A Vision for
the 21st Century.
17Potential partners
- Iowa League of Cities (ILC)
- Iowa State Association of Counties (ISAC)
- Iowa Chapter American Planning Assn.
- 1,000 Friends of Iowa
- Whos missing?
18Meeting 9.8.06 ISUE, ILC, ISAC
- ISUE only ground rules
- Fair and balanced
- Open to public
- ILC ground rule
- Meeting of stakeholders (not a public forum)
- ISAC flexible
19Tentative plan
- Hosted workshop for state legislators with fair
and balanced panel of speakers, or - Hosted workshop for partner memberships
- ISUE role Content expert (host) and process
expert (meeting convener/facilitator) - Patton Blaine (2001), Public Issues Education
Exploring Extensions Role, JOE - ILC to confirm
20Des Moines Register 9.12.05
21DM Register Letters to the Editor 9.17.05
22Des Moines Register 9.20.05
23Iowa League of Cities Release 9.25.05
24Des Moines Register Op-Ed 9.27.06
25Des Moines Register 1.19.06
26Des Moines Register 1.29.05
- Sunday Op-Ed page
- "Condemnation Power Helps Iowa's Cities Flower"
- "Calm Down Law Protects Property Rights"
27DM Register - Letters to Editor 2.5.06
- Telling me that only 4 percent of eminent-domain
actions in Iowa since 1999 involved condemnation
of private property for economic development
doesn't make me feel any better either. Using
your numbersthere have been 30 condemnations
for economic development.This is 30 times too
many for me.
- The Register's editorial board advises Iowa
residents that they should Calm Down I take
issue with that advice. .This is an aberration
of the principles and vision of America and must
be loudly and vociferously addressed. Any effort
on the part of the Legislature to tighten
constraints on eminent domain and encourage
public scrutiny on each and every case is
absolutely essential to deter abuse and loose
interpretation of the law.
28In the meantime.
- September
- Hesitation
- Extreme hesitation
- October
- Duck and cover
- November
- On our own
- January
- No longer informing the debate (the issue that
got away)
29Observations on partnering on public issues
education
- We can draw lessons from negotiation/ conflict
resolution practice - Timing is everything
- Understand your goal
- Recognize their alternatives
301. Timing
- Conflict Spirals (First four phases)
- Problem emerges.
- Sides form as controversy grows.
- Positions harden as parties become rigid in their
perspectives. - Communications stop and parties become
adversarial. - Carpenter Kennedy (1988), Managing Public
Disputes
31Timing analysis
- Problem emerged June 23
- BUT
- Sides formed and positions hardened in the 1990s
with property rights activism - Self-assessment B-
322. What is your goal?
- Patton Blaine (2001) identify Type III public
issues as those where neither the underlying
problem nor the solution are currently clear. - Does anyone know what Iowa ED law really says?
- Do we know how often its been used?
- Or for what purposes?
33Goal (cont.)
- Extensions roles in Type III issues
- Conduct issue research.
- Frame issue in public terms facilitate public
deliberation.
34Goal analysis
- We remained flexible, open.
- Relaxed ground rules, but remained dedicated to
neutrality. - Self-assessment A-
353. Recognize their alternatives
- If a party perceives a better outcome from
non-participation than participation, the party
will not participate. - Isenhart Spangle (2000), Collaborative
Approaches to Resolving Conflict. - Ury (1991), Getting Past No.
36Alternatives analysis
- ILC believed better off not poking the stick in
the bees nest. - ISUE did a lousy job of reframing that position.
- Self-assessment D
37Final ThoughtPartner or Go Alone?
- Public issues education should always trump, even
if it means going alone. - Do early analysis of the issue and the politics.
- Keep partners informed, but dont wait around.
38Your analysis?Your advice?
39More Kelo
40Kelo v. New London, CT
- 1990 after decades of decline, NL declared a
distressed city by Connecticut Department of
Economic development - 1996 NL loses 2,000 government jobs with
closure of Naval Undersea Warfare Center. - 1998 NL unemployment rate double state average.
- 1998 population of NL stands at 24,000 lowest
since 1920.
41Kelo v. New London, CT
- 1998 State Bond Commission authorizes bonds to
support planning and development activities and
property acquisition by NL Development
Corporation in Fort Trumbull area. - 1998 Pfizer announces plans to develop global
research facility on site in NL, adjacent to Fort
Trumbull State Park (completed in 2001). NLDC
conveys property to Pfizer for facility.
42Kelo v. New London, CT
- 2000 Development plan for Fort Trumbull area
approved authorizes exercise of eminent domain
to acquire properties for redevelopment. - NLDC institutes condemnation proceedings on Fort
Trumbull area properties, including those of
Kelos and Derys.
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45- Fort Trumbull State Park Coast Guard station
- NLDC redevelopment area
- Pfizer holdings
- Municipal Sewage treatment plant
- Kelo, et. al., properties
46- YELLOW
- NLDC holdings
- BLUE
- Pfizer holdings
- GREEN
- Park support area
- ORANGE
- Kelo, et al properties
- FORT TRUMBULL
47Kelo - Supporters
- Political process (vote them out) is better
check on ED abuse than the courts. - Without ED, urban revitalization is impossible.
There will always be holdouts. - Without urban revitalization, pressure to develop
agricultural land is greater.
48Kelo - Detractors
- Poor middle class most vulnerable to eminent
domain abuse by government and well-connected
corporations. - Every home, small business, farm would generate
more taxes as shopping center or office building. - Empties public use phrase in Fifth Amendment of
meaning.
49State legislatures respond
- Redefine public use (5)
- More specific, rigorous procedures (9)
- Prohibit use of ED for economic development (12)
- Redefine what constitutes just compensation
(11) - Limit use to blighted properties (7)
50We do know
- There have been abuses around the country.
- Governments need to exercise great care, careful
planning. - We shouldnt throw out the baby with the bath.