Excerpt from:  Santa Clarita Local News
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May 23, 2007

Dentist Wins Eminent Domain Case in Missouri

Judge declares that the building of a shopping center was not the definition of a "public use" property.

While this eminent domain case does not directly affect Santa Clarita businesses, cases like this in other states can set precedents that may be followed elsewhere. It's important to note the judge's definition of "public use" and the continuing use of the term "blight" to dance around the legal system in regards to eminent domain issues.

Dentist Homer Tourkakis of Arnold, MO isn't going to be packing his drills after all, now that he's won the first round of his battle against the City of Arnold. The City had attempted take his property in order to build a shopping center there.

Judge M. Edward Williams said that "You will never convince me that a shopping center is a public use."

His 3-page ruling clearly indicated his position on using eminent domain for public purposes: "It is the court's opinion that government has the inherent power to take private property by eminent domain for true public purposes."  "These uses would include the construction of roads, sewer systems, water lines and many others but most emphatically would not include the construction of a shopping center by a private developer as is the case here."

Apparently the City of Arnold is also attempting to declare the area where the dentist's office is located as "blighted", and the judge wasn't sure that he'd be able to override that decision. So here we go with that broad definition of "blight" again, and poor Dr. Tourkakis is still facing some uncertainty.

If allowed to move forward with eminent domain proceedings against Dr. Tourkakis using "blight" as an excuse, the City of Arnold will have succeeded in their original plan to take private property from one person to give it to a developer for purposes of building a shopping center by just dancing around the law and the judge. Until the word "blight" is given a more clear definition, we'll continue to see cases like this where the legal system apparently does not always have enough authority to stop this from happening.

This case is pending appeal by the City of Arnold, and it's not clear whether the City will continue to negotiate with the dentist during this time, or if they'll just wait for the appeals process to be completed.

by Linda Slocum
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