Eminent Domain as a Stadium Negotiating Tactic

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Ethan Shorey presents, in a Valley Breeze article, another wrinkle in the PawSox stadium issue that gives the whole thing a “not at this point, thanks” kind of feel:

There is now increasing likelihood that the city would need to pursue buying the property through the eminent domain process, where officials would have to make a convincing argument that the property is needed for the public’s good. …

Officials are seeking to “reach a fair, negotiated purchase with the owner of the Apex property without the necessity of a taking through eminent domain, but all options will remain on the table in order to ensure that the people of Rhode Island are not denied this important public venue,” said Grebien.

So, the property owner has offered a price that represents the value of the sale to him, and the city government is using its power to simply seize property as a negotiating tactic.  The mayor’s amplifying the idea that placing a stadium on this specific property is an “important public” good should make warning flags go up.

People who own any property that might conceivably be attractive to politicians for their investment ventures are on notice that the government ultimately believes the property to be its own.  Recall that the RhodeMap RI plan included maps that made no distinction between public and private property — simply putting down the planners’ vision with the assumption that the government would end up owning anything they chose.

One misconception that the government is conveniently promoting is that the value of the property is its assessment… by the government.  The value of a property is the point at which the seller’s desire to give up the property meets the buyer’s desire to own it.  If a particular piece of land is critical to a government project, the fact that the owner is negotiating with “the people” does not change this dynamic.

To the extent that eminent domain is sparingly reasonable, it’s to prevent abuse around real necessities.  A person who owns the last acre of land to complete an important roadway, for example, would have unreasonable leverage.  A baseball stadium simply doesn’t reach that level.



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