Position on Eminent Domain
Eminent domain is the governmental power to take property for public purposes upon giving adequate compensation to the owner for the loss of his or her property and the damage, if any, to the residue. Without eminent domain, we would have no roads, no telephone and power lines, no water and sewer systems, no schools or public buildings.
Eminent domain is literally the preeminence or power of the rule and dominance of government over personal property rights. It is a power to be used only under the most necessary of conditions, which I believe to be generally as follows:
- There must exist a true “public purpose”. I do not believe under any circumstances that economic development per se is such a purpose, especially when benefiting private profit making corporations such as Snowshoe and land developers.
- Private land should not be taken if public land is available. “Extra Cost” cannot be used as an excuse to condemn private property if public land is available.
Planning and development concepts must balance financial gain against intangible, but equally valuable measurements of quality of life, environmental protection, stewardship of land and the rights of individuals to own and use their land.
My position is simply this: Pocahontas County is not a map on a drafting table where lines are drawn to satisfy only the interests of developers. We are a community, we live here, we come first. We as a community will decide.
Views expressed herein are those of Martin Saffer and not necessarily of the entire commission unless otherwise indicated.