January 11, 2006

APA Supports Norwood's Revitalization Planning Process

CHICAGO — The American Planning Association (APA) urges the Ohio Supreme Court to affirm the City of Norwood's use of eminent domain for addressing deteriorating conditions within the city. Oral arguments in the case of City of Norwood v. Horney are scheduled for Wednesday, January 11, 2006.

APA and its Ohio Chapter, the Ohio Planning Conference, filed an amicus curiae brief in support of the city. The brief points to the public planning process that was used to create Norwood's urban renewal plan and that eminent domain was used as a tool of last resort after negotiations with a few holdout property owners failed.

"A variety of development tools are necessary to create communities of lasting value. Eminent domain is one such tool that, when used in conjunction with a city's publicly approved revitalization plan, and as a last resort, can prevent a city from continuing its economic decline," said Paul Farmer, AICP, Executive Director and CEO of the American Planning Association.

In its amicus brief APA argues, "The elected officials fulfilled their responsibility of preparing an d adopting a plan that will serve the public interest. This Court should not second-guess the wisdom of the elected officials' decision to adopt the plan if the planning process was sound. City officials will certainly hear from their constituents if they adopt a plan that is perceived to be contrary to the public interest, a pretext, or a sham."

APA further argues, "Heightened judicial review would provide a poor mechanism for protecting property owners against the misuse or overuse of eminent domain. What is needed are more general mechanisms that will assure that eminent domain is used as a last resort, not a first resort, and that mitigate the harshness of eminent domain for all who experience it. Constructive solutions to address current concerns about eminent domain abuse or overuse should be adopted by the legislature, and not created by the judiciary."

In 2004, the Board of Directors of APA adopted a Policy Guide on Public Redevelopment to "establish policies that will increase the effectiveness of planners and the planning process in formulating and implementing redevelopment policies and programs." The policy guide and amicus brief provide recommendations for legislative reform for the state's eminent domain laws.

This is the first eminent domain case to be heard in a state supreme court since the U.S. Supreme Court decided Kelo v. City of New London last June. In that case, the High Court declined to second-guess the city's development plan and followed more than 100 years of legal precedents and more than 200 years of practice in upholding the use of eminent domain for economic development purposes. The Court clearly based its action on a requirement for an open and public planning process.

"Ohio planners hope that the court recognizes the strong public planning process the City of Norwood used to address some serious challenges in its community," said Dan Boron, AICP, Chapter President of the Ohio Planning Conference. "Private property interests must be fairly balanced with the interests and needs of the general public. It seems to us that Norwood city officials did everything possible to avoid condemning private property. This case illustrates why eminent domain is a very necessary tool in the toolbox."

Contact

Roberta Rewers, APA Public Affairs, 312-786-6395; rrewers@planning.org