The East Lansing City Council postponed a decision on whether to use eminent domain to acquire property to build an alleyway along the 600 block of Virginia Avenue during its meeting Tuesday night.
The city wants to acquire about 20 feet of property behind 607 Virginia Ave. for the construction of an alleyway that will connect parking behind housing that is being constructed in the area.
Eminent domain is a law that allows municipalities to acquire land if it is determined to be necessary for a public use.
Known as Avondale Square, the project called for the demolition of rental housing on the 600 block of Virginia Avenue and it is being replaced with 16 single-family homes and 14 townhouses.
East Lansing City Councilmember Roger Peters said he was uncomfortable making a decision until he re-examines the project.
“It would be helpful to have another presentation,” Peters said.
Jim van Ravensway, East Lansing’s director of Planning and Community Development, said negotiations have stalled with Gary Baird, who owns the property. If an agreement is not reached, eminent domain might be the only way the city can acquire the property, van Ravensway said.
Baird said he has no intention of selling a portion of his property, which he has owned and rented out since 1991.
After researching eminent domain, East Lansing City Attorney Dennis McGinty said he believes the proposed alleyway qualifies as a public use.
“It’s for the use of the public,” he said.
But Baird said he doesn’t view the proposed alleyway as a public use. If the city uses eminent domain, Baird says he is prepared to challenge it in court.
“It’s a public use to provide a private benefit,” Baird said.
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