Don't misuse eminent domain
Thu, 03/11/2010
Recently the city of Burien has contemplated the use of the Shoreline Management Policy in acquiring use of waterfront properties along Lake Burien and the Puget Sound in Burien.
This action is simply a variation of the increased flagrant use of eminent domain, local and nationally, recently exercised in Burien forcing Bartell's and Mealmakers removal for the Burien Town Square project, (In retrospect they could have remained since the project was never finished.)
Historically, eminent domain was just used when the developing nation needed access for a bridge or railroad, but now it has morphed into something more heinous where, if the state deems a property more valuable for i.e. more tax revenue. they in sense seize it thru eminent domain-- Kelo vs. New London.
This runs completely contrary to the once basic constitutional right of private property, where often the land sought for by the state has been owned and maintained well for generations. There hasn't been a ''blight," which is another excuse that cities use to confiscate personal property.
The SMP is entirely a property rights issue, and its enactment would have catastrophic implications.
First, the "setbacks" often exceed the size of the property, let's think about that first, That means the entire property and then some is taken.
Amazing, at the very least, it makes a once desirable valuable property unusable, unsellable and essentially worthless. No wonder homeowners are alarmed and skeptical, based on previous actions.
I would be, and this should concern everyone who owns property-- it could be them. The property usually has been maintained, paid property taxes for years, it is often the one sole valuable asset that a family has and frequently left as a legacy for the next generation.
Granted being a long time resident of Burien, I have often wanted access to the lake, especially on a hot day. But I think there is a correct method.
Burien could purchase property when available and go thru the normal methods in getting public access. This should only be considered if there can be some reasonable guarantee that the surrounding property and environment wouldn't be adversely impacted.
Mark Pitzner
Burien