[RP TownTalk] Interesting Use of Eminent Domain

[Alan Thompson & Sarah Wayland]

On May 25, 2006, at 4:34 PM, Regina Kreger wrote:

> I find it very interesting -- less for the condos, more for the 
> Douglas Development properties.

The irony, oh the irony!

The town actually acquired the Jemal properties by eminent domain under 
Ann Ferguson's mayorship a number of years ago. The town then sponsored 
a town center visioning process, chaired by the very adept Ann Marie 
Larson. During this process, numerous town residents met over a period 
of several months and created a vision of what they wanted town center 
to look like. The Town (at this point now under mayor Michael Herman) 
put the properties out for bid, and Mr. Jemal submitted a proposal 
which clearly created just what the citizens envisioned. The Town sold 
the properties to Mr. Jemal, and he renovated the buildings per his 
proposal, bought out other neighboring buildings and.... left them 
empty. No one thought to put a clause in the contract that the 
buildings had to be occupied by viable businesses within some period of 
time, with a penalty clause (and why would they? No one knew at that 
time that Jemal would prefer to leave a building empty than to deal 
with the hassle of actual tenants.)

Anyway, my understanding of eminent domain laws in Maryland is that the 
town has to prove that the buildings are neglected *and* unimproved for 
some period of time (5 years??) before they can start the process. I 
know there are people on this list who can correct me if I'm wrong. :-)

<very deep sigh>

-Sarah