Home
Projects

Architectural Services

Master Planning
Articles by R.W. Bright
Pre-drawn Plans
Staff
 

Do Churches Practice their own Form of Eminent Domain?

One way to know whether a particular practice is fair or not is to see if it is fair for both parties.

The last two weeks I have been discussing the practice of eminent domain and the detrimental affect that its abuse has on the public. Churches are a target for this abuse because they do not pay property taxes.

Many cities are now using eminent domain as a way of increasing their tax income and to improve their appeal by removing “blighted” areas in favor of more desirable occupancies.

But let’s look at this from another perspective. Since eminent domain is practiced for the “public good”, and churches are good for the public, why can’t churches go to cities and ask them to condemn entire city blocks so that they can build new facilities in “blighted” areas?

After all, it is very difficult for churches to find a single tract of land within the city limits that would be large enough to be viable for a growing church. In my opinion, no church should buy less than ten acres, and more would be even better.

But the only place you will find tracts of that size are either in industrial areas that are not in desirable locations, or in residential areas. Most cities have areas of substandard housing, and here is where a church can do the city a big favor.

The removal of old, substandard housing would mean that new, non-combustible, sprinkled buildings would be constructed, thereby reducing the load on the local fire department.

When churches come into a neighborhood, they bring other things of value that can’t be easily quantified in dollar amounts, but certainly the city and the state would see a reduction their overhead as a result of their presence.

For example, a church who has after-school activities for kids will help keep kids from getting into trouble, reduce the number of latch-key children who are at risk because they are at home alone, and teach kids to be responsible citizens. Surely that is worth a lot of money.

When a church moves into a neighborhood, they also provide for the health and welfare of those who are in need by providing food, help to the elderly, and many other volunteer services that the local government might otherwise have to perform.

When a church moves into a blighted area, they certainly will put up a building that creates a better image for the city than a bunch of dilapidated homes.

Though there is truth in what I just said, obviously I am being somewhat facetious. Can you imagine the reaction of a city council, much less the public at large, if a church did the same thing that many developers are doing, asking a city to help them to legally steal property under the guise of doing it for the “public good”? It would be considered to be outrageous.

I hope no church would ever consider forcing a lot of people out of their homes just because they wanted their land.

However, as churches grow, they inadvertently put pressure on their neighbors. This is especially true where churches occupy the same block with homes and have no other place to grow. It is very easy for animosity to grow between the church and the homeowners when the homeowners know that the church wants and needs their property, but they don’t want to move.

Most churches that need the residential properties around them usually acquire them incrementally as they purchase the homes on their block, one-by-on, sometimes over decades. For the last home on the block, the inevitable can be very frustrating and intimidating.

Some churches have even purchased the homes across a street so that they own all of the properties on both sides of the street, allowing them to close the street and use the street property for expansion. They can do a similar thing in order to close alleys that subdivide their block.

There is nothing wrong with churches that expand in this way. However, it needs to be done in a way that allows homeowners to be compensated and treated fairly. Churches should never be guilty of forcing people from their homes, and should avoid putting themselves in a position where the public perceives that people are being forced out. To do so would be no different than the practice of the abuse of eminent domain, even if eminent domain was not used to carry it out.

 

 

   
8-1-2005    ©2006 Randy W. Bright, AIA, NCARB, Church Architect
4821 So. Sheridan Suite 209 • Tulsa, Oklahoma 74145 • Phone No. 918-664-7957 • Fax No. 918-622-0097• Email