Alma record. (Alma, Mich.) 1878-1928, 1920-10-14
new LAW HELP TO
GROWING CITIES
EXCESS CONDEMNATION ACT, "
PASSED, WOULD BENEFIT
EVERY COMMUNITY.
OF INTEREST TO EVERY VOTER
Several States Already Have Passed
Amendments Similar to One
Proposed in Michigan.

Every voter in the State OF Michi
gan should become familiar with the
facts concerning Excess Condemna
ton and know the real advantages
which would accrue to any communi
~ as whole If the Excess Condem
nation Act is favorably voted upon by
the people OF Michigan and enacted
into a 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 10 provide properly
shaped building lots. These would be
resold or leased. with suitable restric
lions. II required, 10 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 un-
slightly structures or neglected vacant
remnants Of land is one object OF
Excess Condemnation" Another is
recoupment 10 the City for cost of
improvements through sale of excess
land
II 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 Condemns
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
II is not expected that Excess Con
domination will be used in every case
involving the acquisition Of land for
City improvements, but it is desired
that cities be permitted to use II
where the best interests OF the mum
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 a
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 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 t.
the Constitution relative TO empower
ing the Legislature to authorize mu
inequalities. subject 10 reasonable lin
! !tations, TO condemn and TO take the
fee 10 more land and property than
is needed in the acquiring. opening
end widening of parks. boulevhrds.
ether public places and for any public
1 use. and TO make provision for the is
suance of bonds to supply the funds
10 pay therefor
Amendment TO article thirteen Of
the Constitution, empowering the
! Legislature to authorize municipali-
ties 10 condemn more land than is
necessary for certain public purposes
] ana W iSrut II W.
ing proposed that said article be
amended by adding thereto a new
section. to he known as Section FIVE
to read as follows:
Section s. Subject to this constltu-
ton the Legislature may authorize
municipalities, subject TO reasonable
limitations. 20 condemn and 70 take
the fee TO more land and property
than Is needed in the acquiring, open.
ING and Widening OF parks, bouievards
public places. streets. alleys. or for
any public use. both within and be.
You'd 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 withoU;
such restrictions rs may be appropri
ate 70 the Improvement made. Bonds
may be issued 10 supply the funds "a
pay In whole or In part for the eS
cess property so appropriated. bu,
such bonds shall be lien only or
the property so acquired and they
shall not be included IN any Limitation
OF the bonce1 indebtedness Of such
municipality.
| Yes }. No J."