The Seattle Times editorial board opposes the use of
eminent domain to take the Cassan family's Park 'N Fly next to Sea-Tac
airport. The SeaTac City Council meets Tuesday night to decide whether to
repeal an ordinance authorizing the taking of private property. It is the sort
of taking that probably would be banned under bills in the Legislature proposed
by Attorney General Rob McKenna. This page supports those bills and urges
SeaTac's council to de-authorize the taking. At stake is the 2.2-acre Park 'N
Fly surface parking lot directly across International Boulevard from the main
airport parking garage. On the Park 'N Fly property, now owned by James and
Doris Cassan, the city wants to build a town center, which would include a
city-owned parking garage and private restaurants, night clubs and
shops. Probably the Park 'N Fly property is one of the best spots in the
state to build a parking garage, because it is next to the airport. The city is
proposing, however, to manage its garage so that airport patrons won't use it,
saving it for local people coming for an evening's entertainment. City
governments have the power to force the sale of property to build things for
public use, including municipal parking garages. A private restaurant or night
club is a private use - and the state Constitution says, "Private property shall
not be taken for private use ... " The courts have erased this part of the
Constitution by letting cities claim their projects as public uses. There is
good reason not to allow this. When a city acts as a commercial developer, it
has special advantages. It can write a zoning code. It can issue a building
permit to itself. It can sell tax-exempt bonds. Add to this the power to force
owners to sell their property, and it becomes too easy for a city to play
developer, often without a developer's knowledge of what the market will
bear. Here, if the project works, it pays for itself and all is well. If it
fails, city taxpayers would be on the hook for a 1 percent utility tax and a $20
annual car-tab fee to pay for a $25 million parking garage. The people of SeaTac
can take this risk if they want it, but the proposed garage is clearly in
support of a private use. It does not justify the use of eminent
domain.