As the TTA has shown, eminent domain abuse and the possibility of
economic development takings under the guise of rail development is
alive and well.

Unfortunately, the problem exists in Charlotte as well.  As explained in this article
today, Charlotte bought property, not for rail, but to create
development that will be rail-friendly (in other words, development
that will actuallly get people to ride the train).

“…and the
city spent $5.4 million on an adjacent 8-acre site in hopes of creating
a transit-friendly development. Charlotte packaged the two parcels and
asked developers for ideas.”

Now three developers are jumping over each other to develop this land.  

The
city didn’t have to condemn the 8 acres (although it might have) to use
the power of eminent domain to seize the property.   The mere
threat of eminent domain is enough to get anyone to sell the property.

Charlotte likely will argue that while the property will not be
used for the rail line itself, park and ride, or anything directly
related to the rail, by creating housing, shops, and other goodies, the
property (either seized directly or through a coerced sale) helps to
increase rail ridership.  Therefore, the property is for the rail, not economic development.

The
government is using a valid public use (rail) and abusing it to take
additional property for development that indirectly helps the public
use.  They can call it what they want–this clearly is an example of economic
development takings.