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The Politics of Property Rights Education: Partnering or Going Alone subtitle: When Bad Things Happe

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Title: The Politics of Property Rights Education: Partnering or Going Alone subtitle: When Bad Things Happe


1
The 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

2
Topic
  • Context and chronology of the eminent domain
    issue
  • The 21st Century Extension System
  • Partners
  • Professional Roles
  • Suggestions from unlikely places

3
Amendment 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

4
What 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

5
Kelo 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?

6
Question 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

7
Kelo 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.

8
Justice 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.

9
Justice 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.

10
Kelo
  • Decision not surprising
  • Public backlash surprising(?)

11
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12
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13
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14
Extension Public Issues Education to the Rescue!
15
The 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.

16
The 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.

17
Potential partners
  • Iowa League of Cities (ILC)
  • Iowa State Association of Counties (ISAC)
  • Iowa Chapter American Planning Assn.
  • 1,000 Friends of Iowa
  • Whos missing?

18
Meeting 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

19
Tentative 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

20
Des Moines Register 9.12.05
21
DM Register Letters to the Editor 9.17.05
22
Des Moines Register 9.20.05
23
Iowa League of Cities Release 9.25.05
24
Des Moines Register Op-Ed 9.27.06
25
Des Moines Register 1.19.06
26
Des Moines Register 1.29.05
  • Sunday Op-Ed page
  • "Condemnation Power Helps Iowa's Cities Flower"
  • "Calm Down Law Protects Property Rights"

27
DM 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.

28
In 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)

29
Observations on partnering on public issues
education
  • We can draw lessons from negotiation/ conflict
    resolution practice
  • Timing is everything
  • Understand your goal
  • Recognize their alternatives

30
1. 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

31
Timing analysis
  • Problem emerged June 23
  • BUT
  • Sides formed and positions hardened in the 1990s
    with property rights activism
  • Self-assessment B-

32
2. 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?

33
Goal (cont.)
  • Extensions roles in Type III issues
  • Conduct issue research.
  • Frame issue in public terms facilitate public
    deliberation.

34
Goal analysis
  • We remained flexible, open.
  • Relaxed ground rules, but remained dedicated to
    neutrality.
  • Self-assessment A-

35
3. 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.

36
Alternatives 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

37
Final 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.

38
Your analysis?Your advice?
39
More Kelo
40
Kelo 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.

41
Kelo 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.

42
Kelo 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.

43
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44
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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

47
Kelo - 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.

48
Kelo - 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.

49
State 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)

50
We 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.
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