Illiana Expressway: Was Giving Lake Co. Tourism Board Property Seizure Power Accidental?

Porter County legislators are upset about a "drafting error" in a dead bill that would have allowed Lake County, Indiana tourism officials to exercise eminent domain around the state, reports the Northwest Indiana Times.

This issue had been a topic of discussion at the Citizens Against the Privatized Illiana Tollroad message board in late March:

Wrote CAPIT leader Dave Alhberg on the anti Illiana Expressway board March 30:

One of our members brought this to my attention.

House Bill 1166 gives the Lake County Convention and Tourism Bureau the right to eminent domain throughout the state of Indiana! They already have this power in Lake County!

The bill is up for second reading and amendment in the Senate. I sent an e-mail (as a private citizen, not representing CAPIT) to Senators 1 through 8 strongly objecting to this ridiculous granting of eminent domain power. What does the Lake County Tourism Bureau want to condemn in other counties?

If you are like me, and believe that eminent domain powers need to be severely restricted, if not totally abolished, please send an e-mail to the local senators, and include "eminent domain" in your subject line to get their attention.

Thanks for your help!

Dave

A subsequent message showed the new eminent domain power that would be seemingly granted to the Lake County tourism officials:

SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 4. (a) The bureau may:

(1) accept and use gifts, grants, and contributions from any public or private source, under terms and conditions that the bureau considers necessary and desirable;

(2) sue and be sued;

(3) enter into contracts and agreements;

(4) make rules necessary for the conduct of its business and the accomplishment of its purposes;

(5) receive and approve, alter, or reject requests and proposals for funding by corporations qualified under subdivision (6);

(6) after its approval of a proposal, transfer money from the promotion fund or from the alternate revenue fund to any Indiana nonprofit corporation to promote and encourage conventions, trade shows, visitors, or special events in the county;

(7) require financial or other reports from any corporation that receives funds under this chapter;

(8) enter into leases under IC 36-1-10 for the construction, acquisition, and equipping of a visitor center; and

(9) exercise the power of eminent domain to acquire property to promote and encourage conventions, trade shows, special events, recreation, and visitors. ~~within~~ ~~the~~ ~~county.~~

(b) All expenses of the bureau shall be paid from ~~the~~ ~~promotion~~

Writes the Northwest Indiana Times on the controversial legislation:

Officials in Porter County are up in arms over failed legislation they fear would have given Lake County tourism officials the power to seize private property beyond its borders.

State Rep. Chet Dobis, D-Merrillville, said the proposal was a drafting error, but Porter County Council President Dan Whitten does not buy the explanation.

"How can they make such an error?" Whitten asked. ...

The bill in question, which is considered dead, called for eliminating the four county appointments to the bureau's governing board and allowing promotion money to be spent outside Lake County. Dobis said he has no plans to resurrect the proposal in another bill.

Giving Lake County officials the power to take property in other parts of the state would have been a bad deal for all involved, except maybe the Lake County officials who would have gained from the ability to grab various properties.

Just think of how much money GUEA's officials could have grabbed if they would have had the power of statewide eminent domain?