Real Estate & Property Law

Durham Neighborhood "blighted"

By Alan Ackerman

DURHAM -- The Durham Planning Commission declared the Rolling Hills/Southside area to be legally "blighted" Tuesday night, but its deliberation was dominated by "eminent domain."

As a result, what was in essence a formality in the process for organizing rehabilitation in the run-down and crime-plagued area off the Durham Freeway gained approval by only a 6-5 vote.

"I'm not sure what we've done," commissioner Jackie Brown said after the vote.

Such designation authorizes the city to create a formal redevelopment plan which, if adopted by the City Council, improves Durham's chances of getting tax credits and other financial aid for the project; and allows the city to impose design and quality standards for future private development higher and stricter than those of its general ordinances.

But some citizens claimed the designation would empower the city to seize private property

In approving the "blight" designation, the Planning Commission also called for a provision in the Redevelopment Plan that bars the city from using eminent domain to acquire owner-occupied property; and to specify that the Hesters' shopping center is not part of the redevelopment area.

    Frequently, the local citizenry has little interest in the process of blight designation.  They assume that it is a foregone conclusion that they will lose their properties.  Sometimes, some of the people willingly want to lose their property, while at other times, the sense of anomie percolates and the local residents and businesses do not desire to participate in the process.
    In many states, including North Carolina, acquisition by condemnation will occur when the eminent domain statutes provide that blighted properties may be acquired for clearance projects.
 

Full post as published by National Eminent Domain Blog on January 18, 2010 (boomark / email).