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Phil Hardy, Nicole KinneyIn partnership with Sandy Smith and Shane Curry

Idaho Press Club Awards | Public Relations Division | Editorial Writing

Eminent Domain in Eagle...Round II

Executive Summary

THE CHALLENGE

The City of Eagle Urban Renewal Agency (URA) filed an eminent domain claim against the owners of a sought-after parcel of land on the corner of Eagle and Old State Street, claiming it was blighted. In turn, the property’s longtime owners, who had paid their property tax faithfully through the Great Recession and after-ward, and who were seeking new tenants or a new owner for the property, had engineering and architectural firms conduct inspections and write reports demonstrating that the building was structurally sound and not blighted. The owners felt that once the city made clear that they intended to seize control of the property, it was no longer realistic that they would be able to close a deal with a new tenant or owner, leaving them with little leverage in the situation and a reduced fair market value for the property. Strategies 360 was tasked with getting the Smiths’ story out to the public.

THE STRATEGY

We sought to put pressure on the Eagle URA by trying the case in the court of public opinion (which, In Ida-ho, frowns upon government seizure of private property). As part of a larger media campaign, we drafted a series of opinion pieces on the issue, emphasizing the fact that for a second time in a year, the City of Eagle was attempting to seize control of private property via eminent domain.

THE SUCCESS

Our opinion pieces appeared in the Idaho Statesman. Ultimately, the Eagle Urban Renewal Agency chose mediation instead of pursuing their eminent domain claim, and the owners maintained possession of the parcel.

GUEST OPINIONS APRIL 1, 2015 7:57 AM

Guest Opinion: Eagle’s eminent domainefforts are wrongheaded

By Sandy Smith

What’s the most valuable thing you own? Maybe it’s the home you saved and sacrificed for,or a small business you’ve grown on evenings and weekends after working full time at yourday job. Whatever it is, the true value of that which you own — your property, whetherphysical or intellectual — isn’t just how much money it’s worth, it’s in the fact that yourright to ownership is the basis for all the other rights you enjoy. To paraphrase JamesMadison, you “own” your rights, in the same way that you own your property. And if thegovernment chooses to take your property under circumstances that aren’t supported by theConstitution, they’re subverting your very freedom.

Now, imagine waking up one day and finding out that your property — the time andmoney, sweat and sacrifice you’ve invested in obtaining it — will be taken from you by thegovernment. For me, this scenario is all too real. On Monday, the Eagle Urban RenewalAgency, whose voting members wholly comprise the members of the Eagle City Council,voted to sue in order to take my property, seizing it via eminent domain. And while thisissue affects only me today, the city of Eagle’s pattern of conduct with regard to eminentdomain law indicates that it’s likely to be someone else tomorrow.

The Idaho Constitution prohibits seizure of private property via eminent domain forproperty development purposes. The city has intimated that if they succeed in seizing theproperty, they plan to use it for a parking lot in the immediate future, and for development

What’s the most valuable thing you own? Maybe it’s the home you saved and sacrificed for, ora small business you’ve grown on evenings and weekends after working full time at your dayjob. Whatever it is, the true value of that which you own — your property, whether physicalor intellectual — isn’t just how much money it’s worth, it’s in the fact that your right toownership is the basis for all the other rights you enjoy. To paraphrase James Madison, you“own” your rights, in the same way that you own your property. And if the governmentchooses to take your property under circumstances that aren’t supported by theConstitution, they’re subverting your very freedom.

HIGHLIGHTS

later. Given that neither my property nor the city’s intentions for it meet the very narrowcriteria they’ve cited for a legitimate eminent domain seizure, it’s unlikely the city willsucceed in court, but they’re willing to spend your tax dollars trying.

Twice in less than a year, the city of Eagle has determined that they are willing toundermine the most fundamental of our rights in pursuit of their own agenda. The cityfailed in their previous attempt to wrest land from homeowners in the Laguna Pointeneighborhood, wasting thousands of our tax dollars on legal fees in the process.

I share the city’s desire to improve our community, and it is my intention to use myproperty to that end. Recently, we made improvements to the property and the structure onit. We’ve hired architects and had discussions with developers who would plan to use theproperty. And now that the Great Recession has ended and property values have begun torecover, when I have the opportunity to capitalize on 30 years of investment in this land,the city has determined that it is better suited to own the property. I don’t expect you tofeel bad for me, but I do ask that you consider what this action says about the beliefs of theindividuals you’ve elected to represent you.

The city of Eagle’s bullying attitude demonstrates a complete disregard for its citizens’rights and a willingness to waste precious tax dollars on lawsuits in which they’re clearly inthe wrong. Most important, the city’s failure to understand eminent domain law betrays alack of respect for not only our rights as property owners, but as free individuals.

Thankfully, leaders in the Idaho Legislature are slamming the breaks on the action theEagle URA is trying to take. A bill that passed the House last Thursday on a 57-6 votewould protect property owners from capricious decisions like the one the Eagle URA isattempting. Please ask your senators to support the bill and your property rights.

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D2 ● WEDNESDAY, APRIL 1, 2015 IDAHO STATESMAN ● IDAHOSTATESMAN.COM

READ MORE READERS' VIEWS AND LETTERS TO THE EDITOR ● IDAHOSTATESMAN.COM/OPINION

EDITORIAL BOARDMICHAEL JUNG, President and Publishermjung@idahostatesman.com

ROBERT EHLERT, Editorial Page Editor rehlert@idahostatesman.com

BEN YSURSA, Community member

ANGIE NELSON, Community memberOpinions

What’s themostvaluable thingyouown?Maybe it’s thehome

yousavedandsacri-ficed for, ora smallbusinessyou’vegrownoneveningsandweekendsafterworking full timeatyourday job.What-ever it is, the true

valueof thatwhichyouown—yourproperty,whetherphysicalor intellectual—isn’t justhowmuchmoney it’sworth, it’s in thefact thatyour right toownershipis thebasis forall other rights.Toparaphrase JamesMadison,you“own”your rights, in thesamewaythatyouownyourproperty.And if thegovernmentchooses totakeyourpropertyundercircum-stances that aren’t supportedbytheConstitution, they’re sub-

vertingyourvery freedom.Now, imaginewakingupone

dayand findingout thatyourproperty—the timeandmoney,sweatandsacrificeyou’ve in-vested inobtaining it—will betaken fromyouby thegovern-ment.Forme, this scenario is alltooreal.OnMonday, theEagleUrbanRenewalAgency,whosevotingmemberswhollycomprisethemembersof theEagleCityCouncil, voted tosue inorder totakemyproperty, seizing it viaeminentdomain.Andwhile thisissueaffectsonlymetoday, thecityofEagle’spatternofconductwith regard toeminentdomainlawindicates that it’s likely tobesomeoneelse tomorrow.

The IdahoConstitutionpro-hibits seizureofprivatepropertyviaeminentdomain forpropertydevelopmentpurposes.Thecity

has intimated that if theysucceedinseizing theproperty, theyplantouse it foraparking lot in theimmediate future, and fordevel-opment later.Given thatneithermypropertynor thecity’s in-tentions for itmeet theverynar-rowcriteria they’vecited foralegitimateeminentdomainsei-zure, it’sunlikely thecitywillsucceed incourt, but it iswillingtospendyour taxdollars trying.

Twice in less thanayear, thecityofEaglehasdetermined thattheyarewilling toundermine themost fundamentalofour rights inpursuitof theirownagenda.Thecity failed in theirpreviousat-tempt towrest land fromhome-owners in theLagunaPointeneighborhood,wasting thou-sandsofour taxdollarson legalfees in theprocess.

I share thecity’sdesire to im-

proveourcommunity, and it ismy intention tousemypropertyto thatend.Recently,wemadeimprovements to thepropertyand thestructureon it.We’vehiredarchitectsandhaddis-cussionswithdeveloperswhowouldplan touse theproperty.Andnowthat theGreatReces-sionhasendedandpropertyvalueshavebegun torecover,whenIhave theopportunity tocapitalizeon30yearsof invest-ment in this land, thecityhasdetermined that it isbetter suitedtoowntheproperty. Idon’t ex-pectyou to feelbad forme,but Idoask thatyouconsiderwhat thisactionsaysabout thebeliefsofthe individualsyou’veelected torepresentyou.

ThecityofEagle’sbullyingattitudedemonstratesacompletedisregard for its citizens’ rights

andawillingness towastepre-cious taxdollarson lawsuits inwhich they’reclearly in thewrong.Most important, thecity’sfailure tounderstandeminentdomain lawbetraysa lackofrespect fornotonlyour rightsaspropertyowners, butas freeindividuals.

Thankfully, leaders in theIdahoLegislatureare slammingthebreakson theaction theEagleURAis trying to take.Abill thatpassed theHouse lastThursdayona57-6votewouldprotectpropertyowners fromcapriciousdecisions like theone theEagleURAisattempting.Pleaseaskyoursenators to support thebillandyourproperty rights.

SandySmith isa longtimeproperty

ownerandsmall-businessowner in

Eagle.

GUEST OPINION

Eagle’s wrongheaded eminent domain effortsBY SANDY SMITH

Obama

Ananswer toGeneMartin'sclaimthatObamaneedsametalshed“toholdaccomplishmentsfromeightyearsofnothing.”Youshould relya little lessonyouropinionsandstick to the facts.Obama’s accomplishments:16millionpeoplenowhavehealthinsurance thatdidnotbeforeObama’spresidency.

FromFactCheck.org.:Wecanreport that thosesign-

ingup forcoverage for2015willhavemorechoices, and inmanycaseswill have lowerpremiumsthan in2014.

Marketplacepremiums for2015areaveraging0.8percentlower thisyear, according topreliminarydata.

Thisyear theeconomyisadd-ing jobs rapidlyandpaychecksare rising faster than inflationatlast.Realweeklyearnings forworkers, adjusted for inflation,averaged0.7percenthigher inAugust thanwhenObamaen-teredoffice.

And the totalnumberof jobs inSeptemberwasnearly 5.5millionhigher thanwhenObamawasfirst sworn in.Four timesmorejobshavebeenaddedunderOba-mathanweregained inGeorgeW.Bush‘seightyears inoffice.

UnderObama,U.S. crudeoilproductionhas increasedby70percent,whileoil importshave

gonedownbymore thanhalf.Doesn’t sound like “nothing” to

me.SHAWNAR.CHADEZ,Marsing

St. Luke’s

Thequestion thatweallneed toaskourselveswith theSt.Luke’smasterplan is, “Dowewantmed-ical centergrowthnearDown-townor the Jefferson thorough-faremore?”

TheSt.Luke’smasterplanlocatesall of themost specializedmedical servicesof theSt.Luke’sHealthSystemherenearDown-townBoise. It includesparks,bicycle tracks,pedestrianwalk-waysandroad improvements.TheproposedexpansionofSt.Luke’shelps todecreaseurbansprawlbyconcentratinghealthcareclose toworkplacesandtransportationalternatives,bringingmoregrowthandvital-ity to theDowntownBoisearea.Appropriateurbanplanningsurrounding thehospital couldretain theneighborhoodchar-acter thatpromoteshealthy liv-ing.

Weshould takeadvantageofthehospital’sbuildingandmain-tenanceofbikeandpedestrianpaths, at a timewhencitieshavedifficulty fundinghealthy livingprojects. I amhoping that thisallows thecityandACHDtocontinue todevelopadditional

safepaths for families toenjoydowntown,more like theGreen-beltorpaths inpartsofEurope(where thecyclist injury rate is1⁄30thofour rate).

Weshouldsupport thispro-ject.

EUGENIACHANG,Boise

Idahoethics

Stateof Idahoethics score?D-minus?Explanation: gradeinflation.

BOBFRITSCH,Boise

Free trade

What’s sobadabout free trade?Doesn’t it helpeveryone involvedtohave freeraccess togoodsandservices inanopenmarketplace?Isn’t that thebasisofourentireeconomy?Whydosomekeepharpingon theapproaching“partnership”arrangementscurrentlybeingsecretlynegotiat-edby theObamaadministrationand itsglobalist cronies?Well,mostlybecause it’s important,and it’s somethingwecanstop.

Yousee,both theTrans-PacificPartnershipand theTransatlan-ticTradeandInvestmentPart-

nershiparenot really “freetrade,” and it isdisingenuous torefer to themassuch, since itmisdirectsattention fromthe factthat theseareactuallypoliticalandeconomic“integration”schemesaimedatunderminingnational sovereignty in favorof“internationalgovernance.”

Theyarenotabout increasingourexports, butdealwithamulti-tudeof issues—fromalternativeenergy, regulatorycoherence,sustainabledevelopmentandimmigration, tohomelandsecuri-ty, globalmilitary intervention,intellectualproperty, copyrightenforcement, internetcontrol/censorshipandmuchmore.Wemustaskour representativesandsenators toexercise their consti-tutionalprerogativeandresistthisusurpationby theWhiteHouseofCongress’ commercepowersbydenyinghim“fasttrack”TradePromotionAuthor-ity.PleaseurgeCrapo,Risch,LabradorandSimpson tovotenoonTPA.

DENNISFULLER,Orofino

Legislature

Namemeonegood thing that

theRepublican-dominated legis-lative sessionaccomplished thisyear for thepeopleof Idaho.

Theconservativegeniuses inBoisedidnothing tostemtheflightofgood teachers fromourstate.Theydidnothing tohelptheworkingpoorwithamini-mumwageraise.Theydidnoth-ing to redesignMedicaid tocoverthepoorwhocan’t gethealthinsurance—which,by theway,wouldbring inmillionsof federaldollars forour state’s economy.Theydidnothing toprotect folksfromdiscrimination in Idaho.Theydidnothing toworkonourcrumbling infrastructure,whichwouldcreatemany jobs.

ToquoteeconomistRobertReichon three lies the rich tell:

1.Wecreate jobs.Wrong.Themiddleclassand thepoorcreatejobswhentheyhaveenoughmoney tobuy things.

2.Weneed lower taxes tocre-ate jobs.Wrong.Wetried itunderReaganandGeorgeW.Bush, andnothing trickleddown.

3.A$15minimumwagewill killjobs.Wrong.Workerswill spendit andcreate jobs. (See#1)

Weevenhavesecond-ratecapitalists in this state.

SHERRIEGOFF,Pocatello

LETTERS TO THE EDITOR

PlannedParenthoodand itspublic spokesperson,Hannah

BrassGreer, havegoneoutof theirwaythis legislative ses-sion to tell Idaholegislatorsandpol-icymakers that itsoperationsarenoneof thepublic’sbusi-

ness.That tonewasagainstruck ina

recentGuestOpinionbyMs.Greer.But, of course,publichealthandsafetyareprimaryresponsibilitiesof this andeveryotherLegislature.

TheU.S. SupremeCourt,whenlegalizingabortion in1973, fore-sawthestatesplayingan integralrole in regulating theabortionindustry inorder toprotectwo-menandgirls fromthe likesof a

KermitGosnell: “Thestateshavea legitimate interest in seeing to itthat abortion, likeanyothermed-icalprocedure, isperformedundercircumstances thatensuremaximumsafety for thepatient.This interestobviouslyextendsat least to theperformingphysi-cian, andhis staff, to the facilitiesinvolved, to theavailabilityofafter-care, and toadequateprovi-sion foranycomplicationoremergencywhichmightarise.”

Chemical abortions throughRU-486are increasingly favoredby theabortion industrybecausetheyaremoreprofitableand lesshassle for theabortionist.Womencanbepushed through thechutesquickly.But thismethod isalsomoredangerous for thewomenandgirlswhochoose toabortbyingestingdeadlychemicals.

Onestudypublished in the

journalObstetrics&Gynecology(2009) found that thecomplica-tionrate forchemical abortionswas four timeshigher than forthatof surgical abortions.ThemanufacturerofRU-486haspublicly stated thatnearlyeverywomanorgirlusing theirdrugsforabortionwill experiencesomecomplicationoradversereaction to thedrugs.And, in-deed, somewomenhavediedfromusingRU-486.Thousandsofothershavebeenhospitalized.

YetPlannedParenthoodwouldhaveusbelieve thatwomenandgirlsdon’t evendeserve thedigni-tyandrespectof apersonal, in-personexaminationand treat-mentat thehandsofaqualifiedphysician. It is this cavalierdis-regard forwomenandthemoralimportof abortionwhichhas ledPlannedParenthood tobegin

executinganational strategyofusing“remotecontrol” abortions—for itsownprofits andconve-nience.

PlannedParenthood firstpilot-ed thisprogramin thestateofIowa,where it essentiallycreatedavastmedical experimentwiththegoalof lowering thestandardofcare forwomenacross thenation.Butphysicians in thatstatebecamealarmedoverPlannedParenthood’s “telemed”abortionschemeand filedcom-plaintswith the IowaBoardofMedicine.

Afterdetailedreview, the IowaBoardofMedicine issuedarulingprohibiting thepractice. It issuedastatement that said, inpart:“TheBoardbelieves that all pa-tients, including those in ruralIowa,deserve thehighest levelofcare.TheBoardbelieves that a

physicianmustestablishanap-propriatephysician-patient rela-tionshipprior to theprovisionofamedical abortion.Thephysi-cian’s in-personmedical inter-viewandphysical examinationofthepatientareessential toestab-lishing that relationship.”

Fortunately for Idahoans, theLegislaturehas takennoteofPlannedParenthood’s record inIowaandother statesand takendecisiveaction thisyear topro-hibit a risky, substandard treat-ment regimen.OurLegislaturefound thatwomenandgirlsde-servehumaneandrespectfultreatmentas theymake themostimportantdecisionof their lives.Wearegrateful for their respon-sible, compassionate leadership.

DavidRipley is theexecutivedirector

of IdahoChoosesLife.

GUEST OPINION

With abortion rules, Idaho Legislature aids women’s healthBY DAVID RIPLEY

WANT YOUR SAY?

We accept signed or typed letters/opinions that include an addressand daytime telephone number for verification.Letters: 200-word limit; letters over 200 words will not beconsidered; one per month per writer.Guest Opinions: 600-word limit; one per three months per writer.Guest Opinions are selected to further explore topics of broad publicinterest. Priority is given to writers with unique knowledge orexpertise on a subject and to rebuttals from subjects of recenteditorials.

How to submit➤ Online: Navigate to IdahoStatesman.com/opinion. Select “Submita Letter.” If you click on “Reader’s Opinion” from the drop-downwindow you’ll see a column for “Submit a Reader’s Opinion Piece.”➤ Mail: Letters to the Editor, Idaho Statesman, P.O. Box 40,Boise, ID83707.

All submissions become the property of the Idaho Statesman.

GUEST OPINIONS JUNE 25, 2015 12:00 AM

Guest Opinion: City of Eagle action on landuse is an abuse of power

i

Recently I read the guest opinion from Kim Blough regarding the latest eminent domainlawsuit in Eagle, this time over the old gas station downtown. I felt I needed to add somethingto this story that has not yet come to light and that may surprise a lot of people.

HIGHLIGHTSBy Shane Curry

Recently I read the guest opinion from Kim Blough regarding the latest eminent domainlawsuit in Eagle, this time over the old gas station downtown. I felt I needed to addsomething to this story that has not yet come to light and that may surprise a lot of people.

Three years ago, I personally attempted to acquire a city business permit to open a basketgift shop at the specific location in question, which is on the southwest corner of Old Stateand Eagle Road. My intentions were to bring the old building back to life. My applicationwas denied. It was denied not because I wanted to open a business, not due to the type ofbusiness, but the location. I was specifically told no permits would be issued at thatlocation. It makes it really difficult for the owners to lease out property if every companythat applies at the location is denied a business license. What is really going on here?

I have since learned I’m only one of several different entrepreneurs that have wanted touse that location for a business and all have been turned away by the City of Eagle. I’veheard several people say it’s an eyesore, that we need to do “something for the vitality ofthe city” there. Really, I think one or two of those rejected potential businesses would havesolved that problem.

Now I see the city has spent thousands of taxpayers’ dollars to clean up private propertyadjoining that corner lot and as part of an agreement the city gets to lease the property fortwo years as a temporary parking lot before it is sold to a developer, I imagine to makesomething more appealing to the eyes of our city leaders.

Which leads us back to the old gas station and its owners, who we all know now are beingsued by the Eagle Urban Renewal Agency under eminent domain because they say theproperty is blighted. This is also to be turned into a two-year temporary parking lot.

A two-year temporary parking lot. Really? That’s the justification for such an atrocious,heavy-fisted action? I spoke with the owners once I heard this and asked if they had beenissued any violations of city code. They replied that since the gas and mechanics stationclosed, they have never been issued a citation for blight, nor any violation for the building.The city just wants to take their property.

Is the Eagle URA’s plan to erect a hospital, a school, a police or fire station on that corner?Is it a new roundabout? If the answer is no, then what could be so important that we needto take land from any citizen, that is not being used in criminal activity, from an owner

who is not behind on the taxes of said property? Oh, and who doesn’t want to sell it for lessthan half its market value?

In my case, I never fathomed that after serving for 24 years in our armed forces that Iwould return home to retire only to find my local government acting in the sametyrannical, oppressive manner — utilizing the same unreasonable and arbitrary abuses ofpower — that so many other veterans recently fought against overseas. I find this act on thepart of the city reprehensible.

Eagle City Council: remember, it’s an election year, your constituents are watching.

Shane Curry is a resident of Eagle.

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GUEST OPINIONS JULY 29, 2015 12:00 AM

Guest Opinion: Following Eagle propertysettlement, owner issues a caution

i

After seeing the “WE WON, Eminent Domain Stopped, No Court” sign on our downtownEagle corner, a lot of friends and customers came in to our store to congratulate us, asking forthe full story. Although confident in our legal case, we offered mediation as an option twodays before the court date; Eagle’s Urban Renewal Agency, to our surprise, accepted.

HIGHLIGHTSBy Sandy Smith

After seeing the “WE WON, Eminent Domain Stopped, No Court” sign on our downtownEagle corner, a lot of friends and customers came in to our store to congratulate us, askingfor the full story. Although confident in our legal case, we offered mediation as an optiontwo days before the court date; Eagle’s Urban Renewal Agency, to our surprise, accepted.

The garage property that we’ve owned for 30-plus years is coming down in the next fewmonths as we prepare the site for redevelopment and build to suit, which was always apossible outcome. Nevertheless, some history here is warranted, in the hopes that our storymight prevent needless conflict in the future.

Refurbishing the garage was an option, and we had such offers, but all lacked an idealvision or conditions. Thankfully, as owners, we didn’t have to take an offer we weren’tcomfortable with. At some point, however, the city began actively discouraging potentialinterest when suitors approached staff for business licenses.

Hardly anyone was building or redeveloping commercial property locally from 2007 to2014. In fact, there is still a high commercial vacancy rate in Eagle — more than 40 vacantproperties. Some have been sitting empty for a decade. We were not in a position toredevelop at substantial expense only to have it potentially sit empty for years.

We could not risk our livelihood and decades of hard work because people were tired ofwaiting for something to happen on that corner. ACHD road-widening issues, several yearsof the roundabout debate, and other unresolved issues regarding the intersection createdadditional uncertainty for us and potential tenants and buyers. All that time, when theproperty was not producing income, we paid taxes and insurance and maintained it.

Last December, with an improving economy, we listed the property, hopeful it was the righttime to redevelop. But the URA derailed redevelopment efforts by filing eminent domainimmediately after we received an offer in January. The URA made it impossible tocomplete that deal or secure another offer because naturally no one wanted to take on thelooming legal battle. Instead, at a huge expense both to us and taxpayers, we have endedup where we would have anyway if the URA had just let our Realtor market the propertyand negotiate a fair offer in a private sale. After all, this is America — to buy, hold, and sellproperty is a fundamental right.

Through it all, we’ve experienced things you never believed could happen in America. Wewere consistently told by Councilman Mark Butler and Mayor Jim Reynolds that they wouldnever resort to eminent domain or support such actions. We trusted their word butultimately were misled. We can, however, thank Councilmen Jeff Kunz and Stan Ridgewayfor their steadfast support of property rights and local taxpayers.

We learned that sticking to your guns and fighting for your rights can make a difference.We’ve been around here longer than anyone on the City Council/Eagle URA board, and welearned there are many great people who aren’t afraid to mobilize on behalf of fellowcitizens. We thank everyone who supported us.

Resolving differences amicably and through mediation works better than issuinggovernment agency ultimatums and expecting people to roll over. Once the threats endedand real discussions began, the URA got what it wanted: We are taking down the oldbuilding and putting in a new development.

We also got what we wanted: our fundamental property rights preserved.

After all we’ve been through, we believe that the expansive and dangerous powers of URAsdemand quick re-examination by the Idaho Legislature.

Sandy and Rick Smith are longtime Eagle business owners.

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