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March 18, 2006
Eminent Domain Really Gone Awry
In the state of Oklahoma, the Arkansas River separates the city of Jenks from most of the city of Tulsa. So, the city of Jenks wants to build a toll bridge across the river so that Jenks will be better connected to Tulsa.
There’s nothing wrong with that idea, right?
Wrong.
In order to build the bridge, Jenks needs to possess land on the Tulsa-side of the river. Alas, Jenks doesn’t possess such land.
So what does the city of Jenks propose to do?
Answer: Use eminent domain to seize land that Jenks will need for the toll bridge.
There is just one problem.
The land that Jenks wants to seize isn’t within Jenks. Instead, the land is within the city of Tulsa and is owned by . . . the city of Tulsa.
So these facts should put an end to any attempt by Jenks to use eminent domain to seize the land, right?
Wrong.
In a story for the Tulsa World newspaper, reporter Susan Hylton describes the conflicting arguments made by Tulsa’s legal department and by Jenks’ legal department:
According to the [Tulsa] opinion, both Tulsa and Jenks can use the powers of eminent domain to condemn property, but not against each other because neither city is superior. In addition, eminent domain cannot be used to take property that is already devoted to a public use.
The land in question was donated to Tulsa in 1998 with the stipulation that it be used as a public park or conveyed to another governmental entity for a park or other charitable use. It remains undeveloped.
Jenks Mayor Vic Vreeland said his city's legal department has the opposite opinion on the authority and condemnation issues.
"It looks like we're probably going to have to decide this in court," he said.
Quote Source: Susan Hylton. Jenks has no authority to build toll bridge Tulsa argues. Tulsa World, 3/11/2006.
Posted by Dodo David at March 18, 2006 12:47 PM
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