Wednesday, March 08, 2006

Lawsuits in eminent domain fight over suburban golf club

Lawsuits were filed Tuesday aimed at stopping an affluent suburban village from using the legal concept of eminent domain to take over a privately owned golf course. "This proposed condemnation may be the most extreme abuse of eminent domain in the country," said John Wilson, a Deepdale Golf Club member named as a plaintiff. The village's mayor said the federal and state lawsuit were a "pre-emptive strike" and no decision has been made on whether to proceed with a takeover of Deepdale, considered one of the finest golf courses in the country. The issue of municipalities seizing property has taken on a new focus since the U.S. Supreme Court ruled 5-4 last June that eminent domain authority can be used to obtain land for tax revenue-generating commercial purposes. Eminent domain, the right of government to take property for public use, is typically used for projects that benefit an entire community, such as highways, airports or schools. But in North Hills _ a 2.8 square mile community of 1,800 residents on Long Island's "gold coast," where housing prices begin in the millions _ members of the Deepdale Club are rallying to save their 175-acre facility from being taken by village officials. The federal suit questions the village's right to seize the property through eminent domain; the state case challenges the village's alleged abuse of zoning law to cut secret deals with private developers....

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