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Eminent domain: A big-box bonanza?

Court's ruling OKed land grab for business like Target, Home Depot, CostCo, Bed Bath & Beyond

June 24, 2005: 3:20 PM EDT
By Parija Bhatnagar, CNN/Money staff writer

Retailers such as Target Home Depot and Bed, Bath & Beyond have thus far managed to keep the "eminent domain" issue under the radar -- and sidestep a prickly public relations problem -- even as these companies continue to expand their footprint into more urban residential areas where prime retail space isn't always easily found…

 …Eminent domain is a legal principle that allows the government to take private property for a "public use,"...Local governments have increasingly expanded the scope of public use to include commercial entities such as shopping malls or independent retail stores. Critics of the process maintain that local governments are too quick to invoke eminent domain on behalf of big retailers because of the potential for tax revenue generation and job creation…

 "On the East Coast, because of population density it's very hard to get big open space and the zoning is more restrictive," Johnson said.

Industry consultant George Whalin said that's one reason that Target, the No. 2 retailer behind Wal-Mart, has resorted to using eminent domain to set up shop in a few East Coast markets.

Target and Wal-Mart could not immediately be reached for comment.

"Wal-Mart and Target have both been criticized for their eminent domain use," said Burt Flickinger, a consultant with the Strategic Resources Group….

…"It's crazy to think about replacing existing successful small businesses with other businesses," said Adrian Moore, vice president of Los Angeles-based Reason Public Policy Institute, a non-profit organization opposed to eminent domain.

"There are many, many instances where we've found that the cities that agreed to eminent domain use not only destroyed local businesses but the tax revenue that the local government had hoped to generate did not come to pass."

 

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