Finley River plan limits eminent domain

Jessica Lindsey

Posted online August 20, 2006 | 11:00 pm

While the Ozark Board of Aldermen on July 31 approved the plan for the Finley River Neighborhood Development District, its members also limited the possibility of using eminent domain to acquire property within the district.

The board stipulated in its approval that the Ozark Land Clearance for Redevelopment Authority – which has overseen the project so far and will continue to monitor implementation – has only limited options for using eminent domain. The LCRA cannot, the board ruled, use eminent domain to acquire owner-occupied residences or homes occupied by immediate family members of the legal owners.

Though there has been controversy and backlash from some property owners in the area, Ozark City Planner Steve Childers said he views this project as an opportunity to improve Ozark. The city will work with landowners to ensure their concerns are addressed.

“No one’s being forced out at this time, and there are no plans to force anyone out,” Childers said. “We’re going to work around that situation and that’s probably going to dictate – to some degree¬ ¬– what the phases will be and the boundary of those phases. We may have to make a big loop around somebody’s property, but that doesn’t mean the phase won’t go forward.” City officials are now breaking the plan, designed by Springfield firm Hagerman New Urbanism, into phases for implementation.

The plan includes a mix of residential, retail and office space and covers the 47-acre parcel that was declared blighted for the purpose of redevelopment in 2004.

Childers said the city and Hagerman New Urbanism have received calls from developers interested in being involved in the project. The next step, said Childers, is establishing a tax-increment finance, or TIF, district, to pay for the project.

“We want it to be able to pay for itself,“ Childers said. “And when I say that, obviously the private developers are paying for what they need to do. I’m talking about mainly the road improvements, sidewalks, water, sewer.”

Childers said the city has no timeline on establishing the phases and getting started. He explained that they have to “make calculated maneuvers, and that’s what we’re going to do to ensure the success of this project.”[[In-content Ad]]