Thursday, January 9, 2014

Eminent Domain and Fishers Downtown

As most people in Fishers know, town government is busily trying to redevelop downtown Fishers.  As part of this concept, they want to build a new street extending west from Lantern Road to Municipal Drive.  This would extend the east-west road that runs past Target and Fifth Third all the way west to the municipal complex.

Problem is, there are existing homes and businesses in the way.  The town has made deals with 3 property owners to pay them over $1 million total for their land.  But, they have not been able to reach a deal with one property owner who owns a home and business adjacent to the railroad track.  So what do they do?  Last night at the town council meeting, they authorized eminent domain legal action if necessary.

Now, this is a Very Big Deal in Fishers.  Prior downtown proposals pretty much expressly swore off using eminent domain (officially "condemnation proceedings") to acquire property, because if there is anything in Fishers more unpopular than forced annexation, it is eminent domain.  And the property owner has been there quite a while and doesn't see another place to move his home and small business and stay in Fishers.

To be clear, there are things I like about the downtown development, and things I don't like.  And this highlights one of the things I dislike most.  The downtown development threatens to displace a lot of small local businesses.  My insurance agent is one of those who has agreed to sell.  I have no idea where they are going. Some of the new business will be local, and some won't.  Still up in the air is what happens to the law offices, pizzeria, ice cream store, and more, in that area.

I opposed this in 2007 when a prior plan proposed to displace locals and replace them with chain stores in a box-formation of strip malls. Apparently the current council has not learned from that lesson. Growth and redevelopment must not come on the backs of local residents and businesses.  If they can't come up with a "win-win" scenario, they either need to think harder, negotiate better, or it is time for more new blood in Fishers government.

3 comments:

  1. I am very worried about this project, how can a town oppose something, but town counsel approves something and then puts eminent domain on the table. That is outrageous and needs to be stopped! I am already so unhappy about the mini Carmel effect and now I just read that they are putting more apartments and more businesses in a small space. Disgusting what is happening to our beloved Fishers. Congestion and high priced buildings and shops oh how lovely. And as I live just down the street and enjoy the library, can hardly wait to not be able to go there either. Is there anyway to stop this newer development? I would be VERY interested in helping with that. Also the town counsel seems to be working for someone other then the town's people and best interest, they need to be fired.

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  2. Carmen, there is an online petition to stop the train station project. http://www.change.org/petitions/john-weingardt-stop-the-fishers-train-station-demolition-and-proposed-development?action_object_map=%7B%2210152249188114704%22%3A525307637588608%7D&action_ref_map=%7B%2210152249188114704%22%3A%22__UcDIHoIYsG%22%7D&action_type_map=%7B%2210152249188114704%22%3A%22change-org%3Arecruit%22%7D&fb_action_ids=10152249188114704&fb_action_types=change-org%3Arecruit&fb_ref=__UcDIHoIYsG&fb_source=other_multiline

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  3. There are going to be fights. Fishers passed an imitate domain to force property owners to sell. We should be aware now smart people know the value of their own property and will try to get the highest possible price. Fisher naturally wants a low price and may try to undercut the price. A court will decide. This will be an added cost of downtown.

    And we should also expect other cost too. Example: Look at Carmel. The Carmel redevelopment commission spent $6 million fighting construction companies having to do with The Palladium. Lawyers love a fight.

    My guess based on history and the passing of emanate domain, taxpayers will buy Mr. Fitz property at this new inflated worth. I do think this property should be re-assessed now to pay his now fair share. Perhaps it will be? Where will that money now go? I think it goes back into the TIF, not to schools which see the majority of property tax, yes?

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