Eminent Domain

When he was writing the Massachusetts Constitution of 1780, Founding Father John Adams inserted the phrase, "a government of laws, and not of men. " But judging from the last week's eminent domain ruling by the U.S. Supreme Court, whether or not your house is seized for a "public purpose" will now depend less on the letter of the law and more on the promises of men. Congress must right this wrong, or every time there is a proposal to redevelop...

waynesboro@herald-mail.com GREENCASTLE, PA. - Four Greencastle property owners will get official notice this week that they will have to give rights of way through their property for a $1 million storm drain project or face it being taken by eminent domain, the Borough Council ruled Monday night. The project, aimed at eliminating a pond-like problem created during heavy rains on U.S. 11 under a railroad underpass, will require rights of way through nine private properties, Borough Manager Kenneth Myers said.

With all this talk about eminent domain, I have just one question: How come the government never wants to seize my house? They want it, they can have it. Especially my furnace. I should be particularly pleased if the government would seize my furnace. Of course, the traditional way for a furnace to act up is for it to go on the fritz in the middle of winter, but not in the Satan House, oh no. Anyone who's considering buying and fixing up an old, historic farmhouse needs to click her heels three times and repeat "There's no place like a new home.

tarar@herald-mail.com After removing some words thought to be too harsh, the Washington County Commissioners approved a resolution Tuesday stating the county would acquire private property through eminent domain only as a last resort. County Commissioner John C. Munson asked for the resolution in light of a recent U.S. Supreme Court decision that upheld a government's right to take private property for economic development purposes. The resolution states that the Supreme Court upheld "what the majority maintained is local government's ability to take private property for a vaguely defined 'public good' such as economic development, or increased tax revenues to the local government itself.

scottb@herald-mail.com The Hagerstown City Council on Tuesday gave informal support to a proposal that would make it easier for the city to use its eminent domain power to obtain property that is in deteriorated condition. The proposal would require approval from the Maryland General Assembly, City Administrator Bruce Zimmerman said. Nobody from the council spoke against the proposal, which only would affect property in poor condition. Under the proposal, each case would be reviewed individually and an ordinance would be passed for that specific acquisition, Zimmerman said.

WAYNESBORO, Pa. -- Trees that some people say create a visibility problem for motorists have placed the Washington Township (Pa.) Supervisors on the cusp of a lengthy and costly legal process. The supervisors talked this week about how declaring eminent domain to take the land and cut down the trees is one of their few remaining options. Residents who say they can't see other vehicles at the intersection of Mentzer Gap Road and Hearthwood Drive said they support the board taking the land if negotiations fail.

Washington County Commissioner John C. Munson says he wants county government to keep its hands off private property, for the most part. Munson on Tuesday asked the County Commissioners to approve a resolution that states the county would back away from using eminent domain to acquire private property, except as a last resort. The commissioners plan to place the proposed resolution on next Tuesday's meeting agenda. Munson asked for the resolution's approval in light of a recent U.S. Supreme Court decision that upheld a government's right to take private property for public purposes.

scottb@herald-mail.com The Hagerstown City Council moved one step closer Tuesday to adopting a resolution to use its power of eminent domain to forcibly take land to help Washington County Hospital move if it goes to a site within city limits. In a meeting with a hospital search committee, the city also offered to give the hospital financial breaks on water, sewer and electricity if it chooses the city site, Mayor William M. Breichner said. The hospital is one of the city's top five customers for water, sewer and electricity, Breichner said.

andrear@herald-mail.com WILLIAMSPORT - The U.S. Department of the Interior has made it a priority to buy a parcel of Williamsport-owned property on a "willing seller-willing buyer" basis, Bill Spinrad, land resources specialist for the National Park Service, said Tuesday. The Park Service has no intention of acquiring the one-third acre plot north of Riverbottom Park through its power of eminent domain, Spinrad said. "We want to be good neighbors," he said. Town officials on Monday briefly discussed the federal government's power to condemn the land before buying it for fair market value after Town Clerk Bonnie Errico read a letter outlining the town-owned property's importance in the Park Service's draft five-year land protection plan.

A different take on moon landing Missing mental health records for Virginia Tech gunman found Allegiant Air suspends service Eastern Regional Jail inmate dies Eminent domain could topple man's trees

WAYNESBORO, Pa. -- Trees that some people say create a visibility problem for motorists have placed the Washington Township (Pa.) Supervisors on the cusp of a lengthy and costly legal process. The supervisors talked this week about how declaring eminent domain to take the land and cut down the trees is one of their few remaining options. Residents who say they can't see other vehicles at the intersection of Mentzer Gap Road and Hearthwood Drive said they support the board taking the land if negotiations fail.

ANNAPOLIS (AP) -- The Preakness Stakes horse race would have extra protections to remain in Baltimore under a plan approved Monday by the General Assembly that would allow Maryland to buy the second leg of the Triple Crown to prevent it from being moved. The Maryland House of Delegates voted 93-43 to pass a measure already advanced by the state Senate. Gov. Martin O'Malley, who proposed the emergency legislation last week, is expected to sign it as the legislative session winds down.

"I think the Federal Little League, I think this fall when they have the Mummers Parade - I think they ought to have a float and have two banners on the float, one state champions and one Mid-Atlantic champions, because I think those little guys deserve it. " - Williamsport area "The simple fact about the MCTC situation is that the DOC bigwigs do not want to say no to the inmates, so they make the employees suffer. Putting up Plexiglas partitions for visits and stopping contact visits and family social nights are needed - not strip searches of employees.

Supervisors seek input on cell towers WAYNESBORO, Pa. - Public input is being sought as the Washington Township Supervisors develop a local law that would determine where cell phone towers can be erected in the future. The supervisors are considering provisions that would allow wireless companies to mask towers by putting them on existing structures. Public comment can be submitted in writing or given verbally at a 7 p.m. meeting June 2 in the township meeting room.

To the editor: The proposed home rule charter fails Washington County landowners. As a member of the charter board, I was concerned about two items the board failed to include. The proposed charter offers county residents no protection from eminent domain abuse and it offers no broader protections for property owners. Eminent domain allows government to take private property for public use, provided government provides just compensation and obeys due process. But as the infamous 2005 Kelo v. New London Supreme Court ruling made clear, government often abuses its eminent domain power, seizing private land and redistributing it to developers.

You've had your say; now let hospital build To the editor: I write this letter to those opposed to a new hospital at Robinwood. You have had your day in court. You presented your concerns and you lost! It is now time to allow this much-needed project to move forward. I have read all of the letters on both sides and find that a very small group of people are costing the vast majority of the citizens increasingly high medical expenses because of the delay. (What I fail to understand is why the government agency concerned has not invoked the "right of eminent domain" in this matter.

CHAMBERSBURG, Pa. - As the Borough of Chambersburg moves forward with plans to revitalize 24 blocks surrounding its downtown area, residents at a public meeting Wednesday for its Elm Street Project offered a choral caveat: Don't forget the people. "Don't forget the individual," Eric Bell of Chambersburg said to the Elm Street Advisory Council. "America is built on individuals. " Jack V. Jones, president of Building Our Pride in Chambersburg Inc. (BOPIC), a nonprofit group aligned with the Elm Street Advisory Council, stressed to residents present at Wednesday's meeting that the majority opinion of the individuals would direct the plans drafted by the town.

MARTINSBURG, W.VA. - Growth and planning dominated the discussion Thursday when a quartet of Republican prospects for Berkeley County Commission introduced their platforms to the county's Republican Club at a reception in Martinsburg. "You take a ride in Berkeley County anytime of day, you're going to see traffic, you're going to see houses, you're going to see development," said candidate Ted Morgan, saying the county is behind in addressing growth issues. "We're being overrun, and my concern is we don't get run over," said Morgan, who called for a countywide recycling program and the adoption of a comprehensive land-use management plan.