---

“I believe the term is eminent domain. Ah, yes. That means theft by the government.”

Terry Pratchett, English author

---

For some time now the Windham Planning Board has been discussing allowing a property owner on Sabbady Point Road to swap land with other landowners in order to improve his lot by moving the road, which is a private road.

I have not seen nor heard anyone state that they didn’t want this to happen, but I presume so because this item keeps coming forward after being tabled at previous planning board meetings.

I feel that eminent domain is so vile because it allows government and quasi-government agencies to seize land from owners who hold their land close to their hearts. What’s even worse is that any developer or entity with lots of money will be able to convince government to use eminent domain in order to seize land that they want for development.

Eminent domain is generally defined as the right of a government to appropriate private property for public use, usually with compensation to the owner. In the case of Sabbady Point Road I don’t see how public use comes into play as there is already an established road and the improvement is not for the public but one particular landowner.

I also have to question if the Windham Planning Board has the authority to seize land to allow someone to improve privately owned land. I do know that some of the Windham town councilors find the use of eminent domain to be extremely vulgar and are against the Planning Board using eminent domain.

If eminent domain is allowed by the Planning Board members, I wonder if the Windham councilors will, or even could, overturn the Planning Board’s decision as the Windham Town Charter states. Even worse, if eminent domain were allowed in this case would a new and dangerous precedent be set for the town of Windham and other municipalities around Maine? I do believe that Windham has a Town Council composed of a majority who are not in office for their own personal benefit, which is something I did not see in councils in the recent past. Some might be in there for political gain, but that’s normal politics all over this country.

I understand that the planning members had some recent legal training of some type, but that the subject of eminent domain was not discussed, and that’s a shame. Recently the Maine Department of Transportation used the power of eminent domain in order to take property along the River Road in Windham. I know that there are many unhappy landowners and now that the first phase of clearing trees and bushes has began, people are commenting about the extent of the clearing. All I can state is that be prepared for a superhighway in Windham, which is something many citizens did not want.

I have come to the opinion that Windham needs to speed up work on and improve its Comprehensive Master Plan so that some planning problems are alleviated for future Planning Board and Town Council members. I can see that in the future congestion will become an even bigger problem on Route 302 as more and more lots become commercial developments. I believe that this will lead to the state of Maine doing something with Route 302 which very well could bring up the evil clout of eminent domain once again. That’s the result of poor planning in the past and I see nothing different today.

I must suggest that the Windham town councilors begin the process setting policies and procedures as to who or what can use the power of eminent domain in Windham. I also suggest that power rest solely with the town councilors and only the councilors as they are elected by the citizens of Windham. I know some of present councilors are against the use of eminent domain but some are up for re-election this coming November so things could suddenly change and that change might not be a good thing as evidenced in the past.

Lane Hiltunen, of Windham, fears that Windham will become imminently unaffordable for many.

Copy the Story Link