A shadow of my former self
Streck said:Is it right for the city to designate someone's land for open space preservation?
Shouldn't the city have to compete and buy the land?
Doesn't the city have to pay fair value of the land if confiscated under Emminent Domain? (Of course the answer to this one is yes, the city has to pay. Does the city have the right to claim a need for "open space"?)
To answer these directly as they apply to the community I work for:
Yes, we have an extensive list of properties identified by an Open Space Task Force, a "wish list" if you will, for properties to target for open space protection.
Yes, we do have to compete with other prospective buyers. Rarely does the Town outright purchase land. Typically we buy development rights or condervation easements.
And finally, of course a municipality (or other government agency) must pay fair market value in eminent domain situations. We cannot use open space as the purpose of the eminent domain taking. It can end up that way, though, and is taking place in my community, that the wetland mitigation package for a major state highway project will take some 800 +/- acres in my Town, by eminent domain, and preserve it as open space.