Eminent Domain – Stockbridge, Georgia

The State of Georgia has an eminent domain battle on its hands as the City of Stockbridge is attempting to take the land of a florist and gift shop to create a new downtown. The rights of property in this country are one of our most important assets, and if a suburban government thinks that it can take someone’s business for a half crocked “new downtown project”, what is next?

Mark and Regina Meeks don’t relish their roles as poster children for the rights of landowners whose property is being taken by government for private development.

They’d really rather just be left alone.

But the city of Stockbridge is invoking the power of eminent domain to force the Meekses to sell their little Stockbridge Florist and Gifts shop to the city, saying the government has a pressing need for their property. Stockbridge wants the Meekses’ land and 21 other acres to build a new downtown, including public buildings and privately developed townhomes, offices and shops. And the way Georgia law stands, backed by a U.S. Supreme Court decision, the city may be able to take the land whether the Meekses like it or not.

“If that’s the way the law is written in Georgia, then the law absolutely needs to be changed. If what [the city] is doing is legal, then nobody’s property is safe,” Meeks said.

The Stockbridge case is held up by some legislators as an example of why they should change Georgia law quickly when the General Assembly session starts in January.

Government has traditionally taken land for public projects, like roads and schools. But vaguely written 50-year-old laws meant to hasten urban redevelopment and aid in slum-clearing give government the right to claim citizens’ land for economic development — sometimes at the hands of private developers. via AJC

Hat tip Yippee-Ki-Yay

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