City not taking high road on eminent domain

The City of Barstow stands poised to declare the right to use eminent domain to take private property in order to assist private developers.

On June 4, the City Council approved the first reading of an ordinance delineating the Barstow Redevelopment Agency's eminent domain authority. A new state law requires city governments to inform the state of the extent it will use eminent domain and pass an ordinance with these guidelines.

The ordinance the City Council approved in a 4-1 vote (Joe Gomez dissented) is a formal listing of the eminent domain guidelines under which the redevelopment agency has already been operating.

Unfortunately for those who support property rights, this includes the ability for the agency to use eminent domain to force some private property owners to sell their land to the city so that the city can turn around and sell it back to a private developer for a project.

There is one significant restriction, however: The agency is not allowed to use eminent domain to gain control over legally occupied residences. Barstow residents won't have to worry about losing their homes to make space for a shopping center.

However, the same can't be said for local businesses. Under these guidelines, the city could force a bunch of small businesses to sell their properties in order to make space for something the city deems to be "bigger" or "better."

City staff have been quick to point out that the city has never used its authority in this fashion before. This may be true, but it's still extremely significant that when given the opportunity to restrict the use of eminent domain to public projects, they've declined to do so.

We think it's very unlikely that the existing City Council would allow private property to be taken for private development. Council members work in small local businesses or have strong ties to those who do. But what about the future? Barstow civic leadership is on a permanent hunt for new developments (and new tax revenue) in town, much like the leaders of most cities. How far would a future council go to land that new Target, that new Best Buy or that new Bally's Gym?

The ordinance will require one more reading to take effect. We encourage Barstow residents to speak out and encourage the City Council to add more appropriate restrictions to its eminent domain ordinance.