The Owosso times. (Owosso, Mich.) 1897-1926, 1920-10-08
EXCESS CONDEMNATION ACT, IF
PASSED, WOULD BENEFIT
EVERY COMMUNITY.
OF INTEREST TO EVERY VOTER
Several States Already Have Passed
Amendments Similar to One
Proposed in Michigan.


which would accrue to any communi-
ty as a whole If the Excess Condem-
nation Act Is favorably voted upon by
the people of Michigan and enacted
into State law.
Excess Condemnation" means TAX
ing through the exercise Of Eminent
domain" more land than the actual
requirements of the intended i'm
provement The proposed Constitu-
tional Amendment permits the appli-
cation of this principle by cities in
Michigan.
Rapid growth and new traffic prob
lens of large cities have in recent
years developed an absolute need for
comprehensive city planning which
involves knowledge of existing condi-
tions and study of the future growth
covering the proper relation OF i'm
proved thoroughfares, boulevards,
parks and recreation grounds, etc. In
securing such improvements through
condemnation, the courts do not per-
NIT the taking Of more land than is
shown to be actually needed. This
often results in leaving remnants OF
abutting parcels of land which are in
adequate for proper building utiliza-
| ton, for which owners have been
awarded damages to full value. With
| the right of EXCESS Condemnation"
any City could acquire sufficient
! abutting land to provide properly
shaped building lots. These would be
resold or leased, with suitable restric-
tions, if required, to protect the i'm
provement, and the City would de-
rive the benefit of enhanced values
resulting from the development.
Protection of thoroughfares, parks
and public building sites from I'M
slightly structures or neglected vacant
remnants of land is one object of
Excess Condemnation" Another is
recoupment to the City for cost of
improvements through sale Of excess
land
1t can be readily understood that
many public improvements could thus
be secured at little or no cost, and
some improvements might be realiz-
ed which without Excess Condemna-
ton" would be impracticable because
of excessive cost.
Past mistakes of street widths and
locations made through bad plating
can In some instances be corrected
with the aid of excess condemnation.
1t is not expected that Excess Con-
demnation will be used In every case
involving the acquisition of land for
City improvements, but it is desired
that cities be permitted to use it
where the best interests of the NUM-
cipality make such procedure desir-
able.
New York, Ohio, Massachusetts,
and Wisconsin have already passed
constitutional amendments permitting
Excess Condemnation" The Michi-
gan Legislature, at it's last session,
adopted resolution to submit to q
popular vote of the people a proposed
Constitutional Amendment providing
for future legislation to this end This
amendment will be voted on by the
voters of Michigan at the November
election in 1920.
Senate Enrolled Joint Resolution
No. l Of the extra session of the 1919
Legislature provides that the pro-
posed amendment shall appear on the
ballot in the following form:
vote on proposed amendment to
the Constitution relative to empower
ing the Legislature to authorize mu-
inequalities, subject to reasonable linn
itations, to condemn and to take the
fee to more land and property than
is needed In the acquiring, opening
and widening of parks, boulevards,
other public places and for any public
use, and to make provision for the is
suance of bonds to supply the funds
to pay therefor.
Amendment to article thirteen of
the Constitution, empowering the
Legislature to authorize municipali-
ties to condemn more land than is
necessary for certain public purposes
and to issue bonds therefor; it be-
ing proposed that said article be
amended by adding thereto a new
section, to be known as Section five
to read as follows:
"Section 5. Subject to this Constitu-
ton the Legislature may authorize
municipalities, subject to reasonable
limitations, to condemn and to take
the fee to more land and property
than is needed in the acquiring, open
ing and widening of parks, bouleVards,
public places, streets, alleys, or for
any public use, both within and be-
yond their boundaries, and after So
much of the land and property has
been appropriated for any such need
ed public purpose, the remainder may
be sold or leased with or without
such restrictions as may be appropri-
ate to the Improvement made. Bonds
may be issued to supply the funds to
pay In whole or In part for the ex-
cess property 30 appropriated, but
such bonds shall be lien only on
the property so acquired and they
shall not be Included in any limitation
Of the bonded indebtedness Of sucr