Eminent domain plan provides balance
Compass: Points of view from the Community
(Published Anchorage Daily News January 9, 2006)
Eminent domain plan provides balance - COMPASS: Points of view from the community Anchorage Daily News (AK) - January 9, 2006 Author: CHRIS BIRCH ; Commentary The Anchorage Assembly is considering an ordinance that would place additional restrictions on the ability of the municipality to condemn private property for leisure or recreational purposes through an eminent domain proceeding. Eminent domain is the power of the government, under the federal and state constitutions, to condemn private land for a public use after paying "just compensation." This ordinance would prevent the municipality from taking private lands for leisure or recreational purposes except under exceptional circumstances. Under such circumstances, a majority of the Assembly could make a special exception and vote to waive the ordinance to allow the taking of a specific private property for a compelling public recreational use.
By passing this ordinance, the Assembly will establish as a matter of policy an equitable balance between recreation and private property rights. While trails and other such recreational resources contribute tremendous benefits to Anchorage residents, these benefits can be obtained without the taking of private property.
The Municipality of Anchorage features more than 190 city parks covering 10,829 acres and including more than 250 miles of trails. Our municipality also includes most of the 495,000-acre Chugach State Park and a significant portion of the 5.6 million-acre Chugach National Forest -- assets which provide innumerable recreational opportunities. Within the Municipality of Anchorage, residents have access to and the benefit of more than two acres of park/forest lands per person -- certainly one of the highest ratios of parkland to population in the country.
Proponents of the South Coastal Trail Extension have erroneously characterized the ordinance as an attempt by "NIMBYs" to quash the trail extension, which proponents believe will benefit community health and provide transportation opportunities. In fact, the ordinance will not quash the trail extension but will encourage the city administration to consider another option for South Anchorage connectivity. This option would rely on existing and traditional corridors through neighborhoods --the roads, greenbelts, park lands and public rights of-way that can already accommodate a trail. This option is less expensive than an "all coastal" route and would provide similar recreational and transportation opportunities without a great intrusion on private property rights.
While it is undisputed that trails are a good thing, which benefit the health of those who use them, it is unclear why the only trail that would help solve the obesity epidemic is a trail that would run through the yards of some 90 property owners.
Additionally, there is no basis in logic or fact for the assertion that the Coastal Trail Extension would provide metropolitan transportation opportunities. For this reason, the South Coastal Trail Extension was removed from the Anchorage Metropolitan Area Transportation System (AMATS) plan. No studies have been developed to corroborate speculation that a Coastal Trail extension would take drivers off our roads. Even if such studies were developed, it would be difficult to justify a trail for "transportation" purposes that depends on utilizing the most scenic (and most expensive) route.
We are fortunate to be living in a community where recreational resources and private property rights can coexist. Our extensive public lands enable us to avoid sacrificing one interest in favor of the other. This ordinance will establish as a matter of policy an equitable balance between public recreation and private property rights.
Chris Birch represents South Anchorage on the Anchorage Assembly.
Page: B4,
Record Number: 978298301/09/06
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