An East Lansing resident’s resolution to ban the city from using eminent domain was struck down during Tuesday’s East Lansing City Council meeting.
The resolution, introduced by Phil Bellfy, would have prohibited the city from using eminent domain to acquire private property for all future development projects, including City Center II.
East Lansing City Councilmember Nathan Triplett said the city charter allows for the use of eminent domain and that prohibiting eminent domain would require a charter amendment — a power the council doesn’t have.
“It would be very problematic for us,” Triplett said before the meeting.
“The protections that are already in place are just as expansive, if not more expansive, than other cities have in place.”
The $117 million City Center II project calls for the redevelopment of land bordered by Grand River Avenue and Abbot Road.
Rental housing along the 300 and 400 blocks of Evergreen Avenue would be demolished and replaced by a six-story, 621-space parking garage.
High-end condominiums and apartments planned for the area could be too expensive for some students to rent.
While the city hasn’t attempted to use eminent domain to acquire property for City Center II, it has taken the first step in the process for the Virginia Avenue project.
The city has issued a letter of intent to use eminent domain to acquire 20 feet of property behind 607 Virginia Ave. for the construction of an alleyway.
East Lansing Mayor Vic Loomis said the city has used eminent domain six times.
But half of those times have been in cooperation with the property owners because of the tax benefits that come with the use of eminent domain.
“There’s very positive pieces of this that have been ignored,” Loomis said. “That’s just smart business.”
Andy Schor, a legislative associate of the Michigan Municipal League, which represents cities, towns and villages throughout the state, said he hasn’t heard of similar resolutions in other Michigan municipalities.
Eminent domain has become more difficult for municipalities to use since the 2006 passage of Proposal 4, Schor said.
The proposal, which amended the state constitution, prohibits the government from taking private property and turning it over to another private entity.
It also requires the government to demonstrate a greater need for taking property and preserves the rights of existing property owners, among other things.
“The ability to use it has become a lot more difficult,” Schor said. “We took the federal law and took it one step further and made it stronger.”
Hotel plans
The council also sent a request to build a Marriott Residence Inn at the corner of West Grand River Avenue and Delta Street to the East Lansing Planning Commission.
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Jerome Abood, owner of Abood Properties, is proposing the construction of the 88-room hotel.
It would replace the current Residence Inn, 1600 E. Grand River Ave.
The hotel would be part of the West Village project, which includes the construction of 15 townhomes, a four-story building with residential, retail and office units, and an apartment complex.
