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josephsugarman 
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Re: “Richardson back with Tech Park eminent domain limit

While the idea of a city ordinance to prevent the LRTPA from using eminent domain to obtain property is a laudable one, it is a legal impossibility. The city does not have the authority to limit a power granted by the state to a creation of the state.

The LRPTA was created with its own power of eminent domain. It does not need the city to take a private homeowner to court in any such proceeding. The power is codified at 14-144-205 through 14-144-209.

The way to stop the LRPTA is by suit for equitable relief against the senators who knowingly created it with an unconstitutional bill, and unanimously enacted it. The LRPTA is an unconstitutional entity, and a legal nullity, ab initio.

The senate knew or should have known the existence of Article 2, Section 22 of the Arkansas Constitution, and its prohibition; the 1967decision of the Arkansas Supreme Court in City of Little Rock v. Raines which denied the power of eminent domain to the city to appropriate private property for economic development; and Attorney General Beebe's opinion, 2005-150, requested by then Senator Altes which notified him the Kelo decision had no effect on Arkansas eminent domain law.

Altes received this two years before he ignored it, and voted for the creation of the LRPTA. Of course we must all assume he kept the information secret from the whole senate or any pertinent committee of which he might have been a member.

The Little Rock Chamber of Commerce produced a publicity piece at some point in just the past few years, in which was stated attorneys had been hired to research the creation of a technology park authority. The chamber said this was necessary because there was no exisiting legislation to allow for such an entity.

Title 15-3-101 through 15-3-135 of the Arkansas Code provides for just such an entity. The title is from the early 1980s. The Arkansas Science and Technology Authority has all the powers of obtaining and utilizing property as the current LRPTA, except the power of eminent domain.

The people of Little Rock are currently the victims of legislative fraud.

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Posted by josephsugarman on 06/12/2012 at 8:02 PM

 

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