Whether the Kentucky State Constitution empowers Universities with the authority to take land?
The Time Tibune, April 30, 2008
Surely, Northern Kentucky University land-grabbers don’t think they can use eminent domain to seize private property for a new athletic complex. Or do they?
You never know what people in power, who seem to disdain the sacredness of private-property rights, are capable of doing.
N.K.U. officials left the door open for eminent domain when announcing plans for the new complex planned for nearby private property — even before regents approved the plan or owners were satisfied. And the property, essentially placed in limbo, makes it tough for owners to sell now that potential buyers know the university’s plans.
Who wants to buy property with an “up for grabs” sign stuck in the front yard?
The university doesn’t have the cash right now to buy the coveted properties. Playing the eminent-domain card forces other potential buyers to fold.
The Cincinnati Enquirer reported that N.K.U. President James Votruba said the university “will try to avoid using eminent domain.”
Votruba might as well have said: “We’ll try to avoid condemning property. But we will — one way or another — get this property to build our new baseball diamonds, track field, tennis courts and parking lots. If owners don’t accept our (a.k.a. fair-market value) price, we’ll condemn their land.”
The university president didn’t say that, but a local real estate agent did, and he knows eminent domain when he sees it.
…. The founding fathers created a Constitution that allowed eminent domain tactics, but sparingly and only as a means to attain land for the public good — to create utilities, highways and railroads.
…If these property owners in Northern Kentucky are smart, they’ll hire a sharp lawyer. If their elected officials are smart, they’ll send President V. this message: Let property owners determine “just compensation.” Then let N.K.U. pay up — or shut up -— about eminent domain.
The real issue here is whether the Kentucky State Constitution empowers Universities with the authority to take land. If so, uses not purely educational are indeed part of the parameters of the U activities.
