The Yale expositor. (Yale, St. Clair County, Mich.) 1894-current, 1920-10-14
NEW LAW help TO
GROWING Cities
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.


| gan should become familiar with the
| facts concerning Excess Condemns
| ton and know the rea. advantages
| which would accrue to any communi-
| ty as whole IL 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
| provcment 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 All absolute need for
| comprehensive dty planning which
| involves knowledge OF existing condi-
| tons and study of the future growth
| covering the proper relation Of inn
| proved thoroughfares, boulevards.
parks ana recreation grounds. etc. In
securing such improvements through
|
NIT the taking OF more land than Is
| shown 10 be actually needed This
often results in leaving remnants OF
| AUDITING parcels of land which are in
adequate for proper building utiiZa.
| ton, for which owners have been
awarded damages to full value. With
the right of EXCESS Condemnation"
i al,
abutting land to provide properly
shaped building lots. These would be
resold or leased, with suitable restric-
lions, if required, to protect the inn
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.
| 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 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.
II 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 1t
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 its last session,
adopted resolution to submit to
| popular vote Of the people proposed
| Constitutional Amendment providing
for future legislation to this end. This
| amendment will le 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 to
the Constitution relative to empower.
| ing the Legislature to authorize mu-
inequalities, subject to reasonable lin
| 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; 1t be-
| ing proposed that said article be
amended by adding thereto new
section, TO De Known dS oeCIioh nNe
| to read as follows:
"Section 8. Subject to this Constltu.
tIon the Legislature may authorize
municipalities, subject to reasonable
| limitations, to condemn and to take
the fee to more land and property
than ls 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 so appropriated, but
such bonds shall be a lien only on
the property SO acquired and they
shall not be included In any limitation
Of the bonded indebtedness OF such