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November 14, 2009

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Goodman vows to never evict a ‘little old lady’

Friday, June 24, 2005 | 9:52 a.m.

Las Vegas Mayor Oscar Goodman says despite this week's Supreme Court ruling allowing local governments to take property by eminent domain for private development, he would not kick "a little old lady" out of her home.

Goodman, at his weekly City Hall news conference, said that as a lawyer he understands the reasoning behind the 5-4 high court decision. But Goodman said he -- and he believes the other council members -- has no desire to use eminent domain to take private property and give it to another private interest.

"I don't think it is fair to take a little old lady's house she has lived in her whole life," Goodman said, noting that he made a campaign promise six years ago not to revert to eminent domain to take land from a private entity at fair market value for private revenue-generating projects.

"There is no reason to do it."

Goodman said the high court ruling will not affect his decision to continue to oppose that practice.

The Supreme Court ruled Thursday that local governments may seize people's homes and businesses against their will for private development.

As a result of the ruling, homes of Connecticut residents are scheduled to be knocked down to make way for an office complex. The homeowners had argued that cities cannot take their property except for public use projects -- roads, schools, municipal buildings -- or to rebuild rundown parts of town. Goodman said taking private land for public use is another matter. Still, the city recently decided to move City Hall to the vacant 61 acres of former railroad property in Western downtown Las Vegas rather than be put into a position to take property around the current City Hall at 400 E. Stewart Ave.

Goodman noted that past city councils "were beaten up" over eminent domain issues, specifically the taking of downtown property for the Fremont Street Experience.

Even though the city, in many cases, prevailed in the courts "it is not worth it (taking the land)," Goodman said.

In North Las Vegas, City Manager Gregory Rose said in his four years with the city, council members have only used eminent domain for building roads. They have no plans at this time of using it for private development, he said.

"The council has been cautious on how to use eminent domain, recognizing the legal right of property owners and certainly the desire of the community," Rose said.

Rose, however, said he couldn't rule out the city using the authority in the future if it's in the "public good" to do so.

Henderson Councilman Jack Clark said he's not aware of the city using eminent doman for that purpose in his 12 years on the council. He said the decision won't change what the city does. The only palatable use of the authority would be for roads and public buildings, and Clark said he has reservations about that.

"I have never been a fan of eminent domain, and I don't think it will change the way we do business in the city of Henderson. I don't foresee us taking private property strictly for private enterprise," Clark said.

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