Institute for Justice warns of Tulsa eminent domain abuse with Elm Creek West Pond takings

Prior to yesterday's meeting concerning the Elm Creek West Pond in Paul Harvey's old neighborhood, the Institute for Justice issued a media advisory:

HEARING: Tulsa Residents Protest City's Attempt To Take Their Homes Using Eminent Domain For Redevelopment Project

Today, the city of Tulsa has scheduled a public meeting with residents of Tulsa's Pearl District to explain why the city will use eminent domain to take residents' homes if they refuse to sell. Tulsa residents attending today's meeting plan to protest the city's attempt to forcibly take their homes against their will. Tulsa, in partnership with the Tulsa Development Authority and Universal Field Services, have targeted approximately 45 homes in phase one, near VFW Post 577 and the Indian Health Care Center Resource Center on Sixth Street, to pave the way for a mixed-use development where the neighborhood currently sits. The city's plans call for taking almost every residence in this subdivision.

"The city's claims that it needs a stormwater pond are a thinly veiled attempt to do an end run around the Oklahoma Constitution's prohibition on the use of eminent domain for economic development," said Arif Panju, a managing attorney with the Institute for Justice. "Eminent domain should be reserved for public use--such as roads--not for redevelopment projects that involve the use of public power for private gain."

The city's claim of using eminent domain for a public use due to needing stormwater drainage has raised eyebrows in the neighborhood, both due to the existence of stormwater drainage immediately next door in Centennial Park, and because developers have purchased homes and land in and around their neighborhood.

John Dawson, whose home Tulsa plans to take through eminent domain, calls his home in the Pearl District "his family's little slice of paradise. He added, "I can see how it might not be appealing on the surface to some people, but it wouldn't take long for most people to realize it's pretty awesome."

The Institute for Justice is a pro-bono legal-aid organization that helps citizens fighting unconstitutional government overreach. The abuse of the government's power of eminent domain abuse is a principal focus of the group.

The IJ's statement seems to allude both to the concept sketches from Alaback Design which shows new condos and mixed-use development surrounding the pond and to the acquisition by the Indian Health Care Resource Center (IHCRC) of nearly all the remaining property in the neighborhood (outlined in blue in the map below), including the entire block between Owasso and Peoria Avenues, 5th Street and 5th Place, which would have a view toward the downtown skyline over the new pond.