During our call last week, we discussed a number of ordinances and
issues associated with underage drinking. Our Chair, Marion Radson,
forwarded several items that we discussed including a news article
describing the gains the city made in reducing underage drinking
violations with its ordinance, its ordinance and its brief in support of
the ordinance in a case challenging it. I am sending these along.
Please let me know best days for a monthly call. If I don't hear much
opposition, I will assume the first Wednesday at 2PM Eastern works
pretty well for most. Feel free to send comments, ideas, suggestions
and complaints. Chuck
Charles W. Thompson, Jr.
Executive Director, General Counsel
International Municipal Lawyers Association (IMLA)
7910 Woodmont Ave., Suite 1440
Bethesda, Maryland 20814
direct: 202-742-1016
202.466.5424 x 7110
Cell: 240.876.6790
IMLA 2010 Seminar - Wash. DC April 18-20
IMLA 2010 75th Anniversary Conference - San Francisco October 10-13,
2010
IMLA 2011 Seminar - Wash. DC April 10 - 12
IMLA 2011- Chicago Sept. 11-14, 2011
IMLA 2012 Seminar - Wash. DC April 22 -24, 2012
IMLA 2012 - Austin October 21-24, 2012
IMLA 2013 Seminar - Wash. DC April 14-16, 2013
IMLA 2014 - Baltimore Sept. 10-14, 2014 - 200th Anniversary of the
Battle of Ft. McHenry
Is any of you aware of authority (either yes or no) on a city being able
to make a public university make payments in lieu of taxes? Any
authority on a public university being able to enter into a voluntary
agreement to do so?
Does any of you know of a city that has entered into such an agreement
with a public university or made a public university make such payments?
Abigail Elias, Chief Assistant City Attorney | City of Ann Arbor,
Michigan | mailto:aelias@a2gov.org mailto:aelias@a2gov.org |
Telephone numbers: Office: (734) 794-6170 (+ Ext. 41888 for me) |
Direct: (734) 794-6188 | Internal extension: 41888 | Fax: (734) 994-4954
| Non-City Cell: (734) 320-7953
CONFIDENTIALITY NOTICE: The information in this transaction is intended
only for the individual or entity named above. It may be legally
privileged and confidential. If you have received this information in
error, please notify me immediately and delete this transmission and any
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reader of this message is not the intended recipient, you are hereby
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A mind once expanded by a new idea never returns to its original
dimensions. OLIVER WENDELL HOLMES
P Please consider the environment before printing this e-mail.
My city is working on a street/bridge improvement project adjacent to
university property. We have just discovered that we need a strip of
university land adjacent to the existing roadway to be able to do the
project.
Is there a clear answer in your state, by statute or by case law, or has
any of you had experience that you can share - either successful or
unsuccessful - condemning state university property for a public project
(road or otherwise)?
Abigail Elias, Chief Assistant City Attorney | City of Ann Arbor,
Michigan | mailto:aelias@a2gov.org mailto:aelias@a2gov.org |
Telephone numbers: Office: (734) 794-6170 (+ Ext. 41888 for me) |
Direct: (734) 794-6188 | Internal extension: 41888 | Fax: (734) 994-4954
| Non-City Cell: (734) 320-7953
CONFIDENTIALITY NOTICE: The information in this transaction is intended
only for the individual or entity named above. It may be legally
privileged and confidential. If you have received this information in
error, please notify me immediately and delete this transmission and any
other documents, files and information transmitted herewith. If the
reader of this message is not the intended recipient, you are hereby
notified that any disclosure, dissemination, distribution or copying of
this communication or its contents is strictly prohibited.
A mind once expanded by a new idea never returns to its original
dimensions. OLIVER WENDELL HOLMES
P Please consider the environment before printing this e-mail.
Abigail:
I have not had to have such a fight with our College of Wooster, although
although the COW is a small private college, as opposed to U of M, which I
assume to be a state-owned facility. However, ORC 719.01 seems to contain
no limitation on a municipality's power to condemn ("Any municipal
corporation may appropriate, enter upon, and hold real estate within its
corporate limits") other than a specific reference to property or
facilities belonging to a public utility or common carrier engaged in
interstate commerce. Both street and bridge projects are specifically
referenced as legitimate reasons for appropriation of property.
Is the U of M resisting your efforts?
Dick Benson
City of Wooster, OH
On Wed, Sep 29, 2010 at 10:35 AM, Elias, Abigail AElias@a2gov.org wrote:
My city is working on a street/bridge improvement project adjacent to
university property. We have just discovered that we need a strip of
university land adjacent to the existing roadway to be able to do the
project.
Is there a clear answer in your state, by statute or by case law, or has
any of you had experience that you can share - either successful or
unsuccessful – condemning state university property for a public project
(road or otherwise)?
Abigail Elias, Chief Assistant City Attorney | City of Ann Arbor, Michigan
| mailto:aelias@a2gov.org aelias@a2gov.org |* Telephone
numbers: Office: (734) 794-6170 (+ Ext. 41888 for me) | Direct: (734)
794-6188 | Internal extension: 41888 | Fax: (734) 994-4954 | Non-City
Cell: (734) 320-7953*
CONFIDENTIALITY NOTICE: The information in this transaction is intended
only for the individual or entity named above. It may be legally privileged
and confidential. If you have received this information in error, please
notify me immediately and delete this transmission and any other documents,
files and information transmitted herewith. If the reader of this message
is not the intended recipient, you are hereby notified that any disclosure,
dissemination, distribution or copying of this communication or its contents
is strictly prohibited.
A mind once expanded by a new idea never returns to its original
dimensions. OLIVER WENDELL HOLMES
P Please consider the environment before printing this e-mail.
Universitycities mailing list
Universitycities@lists.imla.org
http://lists.imla.org/mailman/listinfo/universitycities
--
Richard R. Benson, Jr.
Law Director
Wooster City Hall
538 N. Market Street
Wooster, OH 44691
Tel: 330-263-5248
Fax: 330-263-5247
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PRINTOUT THEREOF.
This is from Leon County, Florida:
Under the prior public use doctrine in Florida, property devoted to
public use can't be taken for another public use absent either express
legislative authority necessary implication -- so, one condemning
authority can't condemn property from another condemning authority
unless it has a superior power of condemnation by statute or court
decision -- otherwise, if government body #1 condemned property from
government body #2 with equal condemning authority, then #2 could turn
around and condemn right back and that could go on ad infinitum -- the
cases cited for this in the eminent domain CLE book are Fla. East Coast
R.R. v. City of Miami, 321 So2d 545 (Fla. 1975) and Fla. East Coast R.R.
v. City of Miami, 372 So2d 152 (Fla. 3d DCA 1979); also see Housing
Authority of Ft. Lauderdale v. FDOT, 385 So2d 690 (Fla. 4th DCA 1980).
Hope that helps.
Herb Thiele.
Herbert W. A. Thiele
County Attorney
Leon County Courthouse
301 South Monroe Street
Tallahassee, Florida 32301
Phone (850) 606-2500; FAX (850) 606-2501
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"Elias, Abigail" AElias@a2gov.org 9/29/2010 10:35 AM >>>
My city is working on a street/bridge improvement project adjacent to
university property. We have just discovered that we need a strip of
university land adjacent to the existing roadway to be able to do the
project.
Is there a clear answer in your state, by statute or by case law, or
has any of you had experience that you can share - either successful or
unsuccessful – condemning state university property for a public project
(road or otherwise)?
Abigail Elias, Chief Assistant City Attorney|City of Ann Arbor,
Michigan | mailto:aelias@a2gov.org |Telephone numbers: Office: (734)
794-6170 (+ Ext. 41888 for me) | Direct: (734) 794-6188| Internal
extension: 41888| Fax: (734) 994-4954| Non-City Cell: (734) 320-7953
CONFIDENTIALITY NOTICE: The information in this transaction is
intended only for the individual or entity named above. It may be
legally privileged and confidential. If you have received this
information in error, please notify me immediately and delete this
transmission and any other documents, files and information transmitted
herewith. If the reader of this message is not the intended recipient,
you are hereby notified that any disclosure, dissemination, distribution
or copying of this communication or its contents is strictly
prohibited.
A mind once expanded by a new idea never returns to its original
dimensions. OLIVER WENDELL HOLMES
PPlease consider the environment before printing this e-mail.
Iowa statute permits condemnation "of such private property as may be
necessary for any public improvement . . . ." That rules out the exercise
of eminent domain on university property. I haven't had the issue arise
with university property, but I did have an issue arise with regard to a
transmission line easement across property owned by another public entity.
As I recall from my research, there was one favorable appellate opinion
from Massachusetts that permitted condemnation of public property when the
two public purposes did not conflict; e.g. the transit authority could
condemn an easement under a municipal park if the use by the transit
agency would not interfere with use as a park.
Doug Marek
Ames City Attorney
515 Clark Avenue
P.O. Box 811
Ames, Iowa 50010
Tel: 515-239-5146
Fax: 515-239-5142
E-mail: dmarek@city.ames.ia.us
"Elias, Abigail" AElias@a2gov.org
Sent by: universitycities-bounces@lists.imla.org
09/29/2010 09:37 AM
To
universitycities@lists.imla.org
cc
Subject
[Universitycities] eminent domain authority to take university land?
My city is working on a street/bridge improvement project adjacent to
university property. We have just discovered that we need a strip of
university land adjacent to the existing roadway to be able to do the
project.
Is there a clear answer in your state, by statute or by case law, or has
any of you had experience that you can share - either successful or
unsuccessful ? condemning state university property for a public project
(road or otherwise)?
Abigail Elias, Chief Assistant City Attorney | City of Ann Arbor, Michigan
| mailto:aelias@a2gov.org | Telephone numbers: Office: (734) 794-6170 (+
Ext. 41888 for me) | Direct: (734) 794-6188 | Internal extension: 41888 |
Fax: (734) 994-4954 | Non-City Cell: (734) 320-7953
CONFIDENTIALITY NOTICE: The information in this transaction is intended
only for the individual or entity named above. It may be legally
privileged and confidential. If you have received this information in
error, please notify me immediately and delete this transmission and any
other documents, files and information transmitted herewith. If the
reader of this message is not the intended recipient, you are hereby
notified that any disclosure, dissemination, distribution or copying of
this communication or its contents is strictly prohibited.
A mind once expanded by a new idea never returns to its original
dimensions. OLIVER WENDELL HOLMES
P Please consider the environment before printing this e-mail.
Universitycities mailing list
Universitycities@lists.imla.org
http://lists.imla.org/mailman/listinfo/universitycities
Those of you on this list may appreciate the attached resolution that
the Ann Arbor City Council approved last night. The City and University
have been in discussions, but the matter is not yet resolved. The
resolution was, in part, to communicate from City Council a unanimous
approval of the position that has been taken by city administration.
The signs and signals work costs us about $100,000 per season - and with
an added game, will cost more - with one game this year a night game
against Notre Dame. The entire unit (12 people) comes and works a full
day those days.
Abigail Elias, Chief Assistant City Attorney | City of Ann Arbor,
Michigan | mailto:aelias@a2gov.org mailto:aelias@a2gov.org |
Telephone numbers: Office: (734) 794-6170 (+ Ext. 41888 for me) |
Direct: (734) 794-6188 | Internal extension: 41888 | Fax: (734) 994-4954
| Non-City Cell: (734) 320-7953 NOTE: the City has a new street
address: 301 E. Huron Street, Ann Arbor, MI 48104. The P.O. Box mailing
address has not changed: P.O. Box 8647, Ann Arbor, MI 48107-8647. The
City Hall entrance is now on Huron Street, near Fifth Avenue; not on
Fifth Avenue or Ann Street.
CONFIDENTIALITY NOTICE: The information in this transaction is intended
only for the individual or entity named above. It may be legally
privileged and confidential. If you have received this information in
error, please notify me immediately and delete this transmission and any
other documents, files and information transmitted herewith. If the
reader of this message is not the intended recipient, you are hereby
notified that any disclosure, dissemination, distribution or copying of
this communication or its contents is strictly prohibited.
A mind once expanded by a new idea never returns to its original
dimensions. OLIVER WENDELL HOLMES
P Please consider the environment before printing this e-mail.
From: Elias, Abigail
Sent: Friday, June 11, 2010 10:48 AM
To: universitycities@lists.imla.org
Subject: Universities and PILOTs
Is any of you aware of authority (either yes or no) on a city being able
to make a public university make payments in lieu of taxes? Any
authority on a public university being able to enter into a voluntary
agreement to do so?
Does any of you know of a city that has entered into such an agreement
with a public university or made a public university make such payments?
Abigail Elias, Chief Assistant City Attorney | City of Ann Arbor,
Michigan | mailto:aelias@a2gov.org mailto:aelias@a2gov.org |
Telephone numbers: Office: (734) 794-6170 (+ Ext. 41888 for me) |
Direct: (734) 794-6188 | Internal extension: 41888 | Fax: (734) 994-4954
| Non-City Cell: (734) 320-7953
CONFIDENTIALITY NOTICE: The information in this transaction is intended
only for the individual or entity named above. It may be legally
privileged and confidential. If you have received this information in
error, please notify me immediately and delete this transmission and any
other documents, files and information transmitted herewith. If the
reader of this message is not the intended recipient, you are hereby
notified that any disclosure, dissemination, distribution or copying of
this communication or its contents is strictly prohibited.
A mind once expanded by a new idea never returns to its original
dimensions. OLIVER WENDELL HOLMES
P Please consider the environment before printing this e-mail.