Detroit Trying To Get It Together

Detroit News

Bing's staff said the mayor is in the beginning stages of forming a plan and cautioned it's too early to exclude options, including closing parts of the city, using condemnation or seizing land through eminent domain.

But Bing is beginning to employ a targeted approach. His staff is already targeting neighborhoods with most of the roughly $60 million in stimulus money the federal money has provided for demolitions and rehabs. Staffers say Bing is considering earmarking federal block grant funds -- which fund nonprofits that provide everything from tax preparation to mentoring programs -- for certain neighborhoods.

"The first priority of any plan will be taking down buildings that pose a public safety threat," according to a written statement from the mayor's office. "The plan that follows will have broad input from city departments, the community and land use experts outside city government."

    
The City administration of Detroit has taken 180° turn from where it stood three years ago.  Over half the City Council is now gone and a new Mayor is taking a serious look at what is left of the City.  
    
The most recent proposal is one in which, effectively, neighborhoods would simply be closed, with the remaining property being acquired by eminent domain.  This is a very harsh way to go, but it is likely constitutional.  The need for elimination of blight includes being able to have the funds necessary to eliminate blight wherever possible.  In the case of Detroit, there are many neighborhoods that have so deteriorated it is rational to simply seek closure of the neighborhood itself.
    
Hopefully, fair market value will be paid in the process. 

 

Detroit Bridge

Detroit News

The Michigan Court of Appeals on Wednesday confirmed an earlier Wayne County Circuit Court ruling that the owners of the Ambassador Bridge don't have the power to condemn property for access improvements being undertaken through an agreement with the state.

The higher court also cited a rarely heard legal principal, "the Absurd Results Rule," to reverse part of the lower court's ruling, ordering the Detroit International Bridge Company to pay the cost of a decade long legal fight with the owners of a former duty-free store.

Appeals Court panel of judges Patrick Meter, Michael Talbot and Deborah Servitto wrote that the government never intended to extend its powers of condemnation to a private company so the expense the landowner had to bear to fight this unjust action should be born by the bridge company. To force the landowner to pay "would be patently absurd and unthinkable," the judges ruled in citing the Absurd Results Rule, which is applied to avoid results like this that are "manifestly inconsistent with legislative intent."

The bridge company had appealed the Wayne County Circuit Court ruling that threw out a condemnation lawsuit the company brought against the Commodities Export Company to obtain land the bridge owner claimed was needed for access improvements under agreement with the Michigan Department of Transportation. The company claimed the state's powers to condemn property came with the state agreement. Both courts said the power belongs solely to the government.

 

-The power to take property requires a specific legislative authorization empowering the entity with condemnation authority.  Here is a situation in which the court found that there was no statutory language allowing the private Detroit International Bridge Company to acquire by an eminent domain case.

DTW plans on hold

Detroit News

Detroit Metropolitan Airport is expected to end a bitter battle with Romulus leaders by shelving plans for a controversial fifth parallel runway the city claimed would displace 3,500 residents, close two elementary schools and wipe out nearly 50 businesses.

Both sides expect the agreement to shift the multimillion-dollar runway concept from the airport's original master plan to one they can revisit if growth warrants. The agreement will be voted on Thursday when the Airport Authority Board is expected to meet, according to Taylor Mayor Cameron Priebe, one of five city leaders involved in the project. ...

-This should not come as a surprise.  Airport traffic is down dramatically.  A fifth runway at Detroit Wayne County Metro Airport would have put the airport a step ahead.  However, what would it be a 'step ahead' of?  The demand for flights has dwindled, so why threaten condemnation with a proposed eminent domain project?

Runway Delayed

Detroit News

The board overseeing the Detroit Metropolitan Airport postponed a decision Thursday on a $3.6 billion, 20-year master plan that includes the construction of a controversial runway.

As they did at the first postponement, in March, people packed the Westin Hotel awaiting the decision. The Wayne County Airport Authority board said the postponement will allow it to work with community leaders. The members are expected to take up the issue again July 24.

Many residents oppose the master plan -- especially the proposed addition of a fifth parallel runway. The proposal also includes passenger monorail and terminal expansions. Romulus officials said the runway at Eureka and Middle Belt would decimate the community, displace as many as 3,500 residents -- about 15 percent of the population -- and wipe out $114 million in tax revenues.


The 10,000-foot runway would be necessary by 2020, airport officials countered. Airport spokesman Mike Conway said the master plan is simply a guide the airport needs to give to the Federal Aviation Administration.


-The Wayne County Airport Authority did the smart thing. It delayed a project open to public ridicule until there is some certainty in the factual basis for the necessity of the project.
The need for the project is less certain given the economic issues at hand in the United States, the uncertainty of continually increasing air travel due to gas and security issues, and the uncertain status of a Northwest merger.

Marthon Pipeline Construction

UPDATE:  Right of way agencies are once again contacting owners.

Detroit News, September 19, 2007

City Council members grilled officials from Marathon Petroleum on Tuesday over the environmental impact of its $1.5 billion refinery expansion proposal and put pressure on the company to commit to hiring more Detroiters and minorities.

The project, which could bring up to 1,200 construction jobs and close to $9 million a year in taxes as well as increase gasoline supplies.

But some residents and environmental groups fear it would increase air pollution and say their southwest Detroit neighborhood is already overburdened with industry.

Company officials said they are committed to hiring Detroiters. They have scheduled job fairs and have set aside money for technical training and scholarships. The project will generate 135 permanent refinery jobs.

"The focus clearly is on Detroit residents," said Angelia Graves, a company spokeswoman.

-Marathon is still working to establish a plan, allowing for more temporary construction jobs and a number of permanent jobs. There is much to face in both the acquisition as well as construction process.