http://www.baltimoresun.com/explore/...,6513151.story

To build a road in Clarksville connecting Great Star Drive to Auto Drive, as the county is proposing, a few local businesses would have to sell some of their land.

But if the businesses are not willing sell, the county could use its power of eminent domain, the legal process under which a local government can condemn property for public use.

Concerned about that prospect, County Council member Greg Fox, a Fulton Republican, plans to introduce an amendment to the county charter regulating the county's ability to use that power. Fox said he will introduce his amendment at the council's Sept. 6 meeting, the first following its August recess.

"Concerns over eminent domain are something that I have talked about throughout both of my campaigns," Fox said. "It's always been something that's been there on my mind.

"Now, seeing what's going on with the county executive and the whole Clarksville Gateway project, I have several concerns of the egregious things that have been occurring surrounding that project."

County Executive Ken Ulman said he would never use eminent domain for private economic development, but would consider it as a last resort when land is needed for traffic safety improvements. However, he noted he is committed to working with property owners in Clarksville to develop mutually acceptable solutions.

Fox's concerns started in July, when the county terminated its agreement with GreenStone Ventures to develop the former Gateway School property, a 7.8-acre parcel located off Route 108, into a mixed-use center.

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Fox's proposed charter amendment, which if passed by the council would still have to be approved by voters through a ballot question in the 2012 election, says "the power of eminent domain may only be used to acquire property for public purpose or public use; and may not be used for purpose of economic gain."

Land acquired under domain, the amendment adds, "is not considered to be for a public purpose or public use if the property is transferred to a private entity for the primary benefit of the private entity."


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w00t!! - SOMEONE GOOD GOT IN FOR ONCE!