RICHARD DAVIDSON: Help wanted — for a week

RICHARD DAVIDSON: Help wanted — for a week

Eminent Domain Vs. Economic Development

Over the past few weeks, I’ve had some questions asked about my view on the use of eminent domain for the purpose of private economic development. As someone who has been on the receiving end of such an attempted action, I can tell you I’m not sold on the concept, regardless of whether or not it is technically “legal” in the eyes of the courts. It’s a slippery slope and one I would prefer NOT to slide down.

Before I get too involved, let’s go back and look at some history. The concept of eminent domain isn’t new. The idea is mentioned in the Fifth Amendment of the U.S. Constitution. That amendment contains a number of protections related to abuse of government authority. From it we gain protections dealing with double jeopardy, the need for a grand jury, protections from self-incrimination, the idea of due process, and our topic today, “improper takings”. The last words of the amendment “…nor shall private property be taken for public use, without just compensation” give the basis for the concept (and restrictions) specific to eminent domain.

Court decisions over the years have attempted clarified our founding father’s ideas. The words “just compensation” have never really been a problem. The U.S. Supreme Court has repeatedly held that such compensation is usually “fair market value” at the time of the taking (with some rare exceptions). That’s pretty straight forward. In simply terms, if the government “takes” your land, you’re going to get paid for what is taken. That’s certainly the right thing to do. But the bigger issue (and to some, the concern) relates more to what is meant by the words “public use”.

In my research, that term public use has historically been about benefiting the public interest or the public welfare. Things such as schools, highways, bridges, etc. typically come to mind when people refer to public use. That’s pretty straight forward. And while none of us ever “want” our land taken, I think we can certainly agree those would be areas where “public use” applies and could be justified as a last resort.

But in 2005, the U.S. Supreme court, in a 5-4 decision, expanded the concept and ruled that the powers of state and local governments could in fact take private property for “private” commercial development if that planned development has a “public purpose” (such as new jobs or increased tax revenue). It’s that ruling that has some concerned that by expanding “public use” to mean “public purpose”, it may open the door to abuse. As an example, using eminent domain to take land for a private strip mall is not something I’d view as having a “public purpose” - it goes too far – even if members of the “public” can use it and such use could create jobs or expand tax revenues. To me, that is NOT what our founding fathers intended. If a land owner doesn’t want to sell to another private individual or group for such a development, move on and find land elsewhere. Having government intervene isn’t the solution.

The good news is that most eminent domain actions will continue to involve land where “public use” is purely the issue. But just knowing the potential is there, I understand the reason some have a concern.

So to again answer the question posed to me in the first paragraph - I believe the 2005 ruling opens the door for abuse. And unless a very good case is made and a clear “public” benefit is shown, I’m not one to believe such an action is proper – even if it’s technically “legal”. Free markets and private negotiations are the best solution to settling those types of disputes. Going to the government for “help” isn’t an option I’d recommend.

Thanks again to all of you for your continued support. I hope to see some of you at the Bright Futures golf tournament Friday or at the Duck’s Unlimited banquet Saturday. Until next time, stay the course, keep the faith, and God bless Neosho!

This Week It’s About Honesty

Below is my weekly column for 2-17-2011

During the school year, my daughter and I usually make a pilgrimage to McDonald’s on Monday mornings to start the school week off with a Bacon Egg & Cheese biscuit, hash brown and a diet Coke. We’ll talk about the week ahead and I’ll offer the periodic reminder that she can’t have a boyfriend until she’s 25. As long as I’m getting more smiles than eye rolls, I’m good with that. Ultimately, I do all I can to get some daddy/daughter time because someday (and that someday is coming soon), the days of hanging with dad, walking her into the school and getting a kiss on the cheek in front of her friends will no longer be “cool”. (I’m preparing the best that I can!)

This week (on Tuesday because of the snow), we sat in our usual corner table. She filled the drinks while I unwrapped the biscuits on the familiar brown tray. She sat down, approved my work, and we began our meal. Through the window I noticed the scrolling marquee from Boulevard bank and the “congrats” line for my dentist, Dale Kunkel, and his employer of the month recognition. It then switched to the Neosho R-5 screen listing the February character word - “Honesty”. I found a moment of silence to ask her some questions – specifically “Do you know this month’s character word?” followed by “So what does ‘honesty’ mean to you?” I got the answer “being the kind of person whom other people can have confidence in.”

Since that is the school’s definition, I accepted the answer, but I expanded on it. I explained to her that honesty as it relates to everyday life means that you tell the truth (Webster’s says “adherence to the facts”). It is very simple concept, but life doesn’t always make it so simple. Sometimes the “hard truth” doesn’t go over well. Sometimes bending the truth a bit can help smooth things over (my grandma called that a ‘white lie’), or possibly the truth doesn’t help the cause at all so changing the story helps get people to take your side or position. Whatever the reason, we can all relate to at least one of the three (and there are many more than that!)

At all levels of our government, I place a high importance on honesty. From the candidates I support in elections to discussions I may have with local, state or federal officials, I expect nothing less than honesty in addressing issues that may arise. I respect those who will tell the truth, those who are honest with the public, and those that will give a straight-forward answer to a legitimate question. To me, honesty is quite refreshing in a world where personal motives and special interests seem to have more influence in what happens vs. simply doing what is right. To quote John Gardner, a politician, writer and Presidential Medal of Freedom recipient, “The citizen can bring our political and governmental institutions back to life, make them responsive and accountable, and keep them honest. No one else can.” I certainly try to do my part.

Today’s Neosho city government strives to take an approach where honesty is viewed to be the only acceptable means of dealing with our citizens. We’ve learned from the past and your current council and city administration are making a concerted effort to regain the trust of our citizens. We’re working hard to restore your belief that your government is honest, capable and working for ALL of the people. I think we’re making great progress.

So after a great breakfast, a walk into Carver elementary, and a kiss on the cheek, I’ll say this: I’m glad our society works from a young age to instill values and character in our kids. I appreciate our schools for helping to reinforce the values taught by parents in homes across our country. I appreciate our citizens noticing the positive changes we are making in our city government. In the end, we all benefit by grooming our current and future leaders to be more involved and concerned with doing the right thing, behaving in ways that instill confidence, and working hard to ensure that truth and honesty prevail. It certainly makes a noticeable difference…and Neosho is an obvious example.

The snow has melted and the sun is back. It looks like a great weekend of weather is here. My compliments to John Mills and his helpers for a great job on the Art Gala. It was a great time. Until next time, thanks for the support, stay the course, and may God bless out town!

Airport Land for Sale

A small airport west of Ozark known as Air Park South is being sold by Springfield-Branson National Airport, and proceeds from the eventual sale will be used to increase space for general aviation planes at the Springfield airport.

Airport Director Brian Weiler said the Federal Aviation Administrationand Missouri Department of Transportation agreed to let the airport use funds from the land sale for general aviation improvements because the Springfield airport initially used FAA and MoDOT funds to buy about 240 acres west of U.S. 65 in 2001.

The money at the time was intended to improve access for general aviation aircraft. The site includes a rough 3,000-foot asphalt runway that’s too short to accommodate business jets. The airport tried to buy an additional 36 acres to extend the runway to 5,000 feet but the property owners declined to sell.

Springfield-Branson National Airport spokesman Kent Boyd said the airport in 2004 initiated eminent domain proceedings to determine what the 36 acres was worth.

“They came back with a value of $220,000 an acre, which if you do the math comes out to a really big number — about $8 million,” he said. “We’d previously spent $5 million for more than 200 acres. The additional acres just didn’t work.”

In 2006 the Springfield-Branson National Airport Board voted to put the land up for sale. After a lengthy review by MoDOT and the FAA — including posting the proposed land sale for public comment on the Federal Register — both agencies agreed to let the airport use sale proceeds as proposed, for the general aviation improvements.

General aviation aircraft include privately owned light planes and business jets. Weiler said the airport currently accommodates 12 single-engine planes, 25 multi-engine private aircraft and 18 business jets.

He said there’s been a list of airplane owners waiting for hangar space to open up. The land sale should help remedy that.

“We do know there is additional demand out there,” Weiler said.

Proceeds from the land sale could be used to build additional hangars, develop roads and taxiways and develop sites that could be leased to private owners who might want to build their own hangars.

“We are in the early stages of determining where that money would go,” Weiler said. “I really want to see some options.”

Weiler said the airport’s Master Plan has identified three possible locations on airport grounds where additional general aviation facilities could be developed.

Because there’s been a longstanding need for more accommodations, Weiler said the airport could pursue other sources of federal funding to make those improvements while the airport waits for someone to buy the old airport land near Ozark.

More information about the site is available on the Web athttp://www.flyspringfield.com /land.