With so much space, so few options -- Detroit's vast vacant lots are a burden
Commenting about the large number of vacant lots in Detroit, Robin Boyle, chair of Wayne State University's Department of Urban Planning says at this point we don't have an answer for the scale of vacant land that we have here in the city of Detroit. Boyle says that many cities are experimenting with new uses for vacant urban land, including large installations of solar panels and, of course, community gardening. "But none of them have the scale of the vacancy that we are facing here in this city," he says. In 2006, Michigan voters approved Proposition 4 to amend the state Constitution to restrict government's powers to take private land for public use. Among other things, Prop 4 expressly barred the seizure of land from one private owner to give it to another private owner, such as a real estate developer. Prop 4 also made it much harder for cities such as Detroit to clear blighted neighborhoods to build something new. Under the new law, a city must prove by clear and convincing evidence that every property within a targeted district is blighted. It's not enough to show that it's true for 90 percent of the properties. Those provisions make it more difficult to assemble land in Detroit for big projects, said John Mogk, professor of law at Wayne State University and an expert on government and development law. Mogk suggests that California's eminent domain law is better suited than Michigan's to conditions in a city like Detroit. California's law protects owner-occupied houses from seizure by the government, but it offers less protection to land speculators and absentee landlords, two groups that own or control thousands of properties in Detroit. "So long as we're facing the limitations that we are, I don't think land can be assembled in Detroit for major redevelopment," Mogk said. "At this point, I don't think it's possible."