BIRMINGHAM, Ala. (WIAT) — Eminent domain is the power of the government to take private property for public use, even if the owner does not want to sell.
Jimmy Smith, a 92-year-old Birmingham resident, said he knows more about eminent domain than he ever wanted to. Smith has called the Collegeville neighborhood home for over nine decades.
Smith was raised in a house that used to belong to him and his mother. But in 2005, Smith got a knock on the door from a Birmingham city official.
“His purpose here was to inform us that the city wanted my mom’s property,” Smith said.
Smith now lives right next door. He said at first, he didn’t want to sell.
He said the city official told him if he didn’t sell, the home would be taken through eminent domain.
“They told me if you don’t sell it, they are going to take it anyway because they need to widen the road,” Smith said.
Smith referred to a project called on paperwork the “35th Street North Extension Street Improvement.” Because the house is located near businesses, tractor-trailers are often going up and down the road, which Smith said he was told is why the project needed to happen.
Two decades later, the road and Smith’s former home sit untouched.
“That’s the same way it looked 20 years ago,” Smith said. “The only thing that has changed is that the city owns this house. They own the house right behind us, and I think they own the empty lot over there.”
CBS 42 confirmed through GIS mapping that the city of Birmingham owns nearly every property along 35th Street North. CBS 42 reached out to the city about the street improvement project.
“At this time, there are currently no infrastructure related projects targeted for this property,” the city stated.
“This acquisition took place over 20 years ago,” a city spokesperson said when asked why the project never happened. “Right now, we do not have any related projects targeted for this property at this time.”
CBS 42 sat down with real estate attorney Reagan Reeves to find out if Smith’s situation was unique. CBS 42 asked him how often he sees properties bought for public use projects that never happen.
“I see a lot that do and a lot that don’t,” Reeves said. “The bad thing about these projects is the city will purchase a lot of property before the project is finalized because they don’t know how long the acquisition will take for eminent domain cases.”
Smith said he’d like the house back if the project isn’t going to happen and the home is going to remain empty.”
“I want the home back and bring it back to what it was,” Smith said.
Birmingham city officials said Smith’s former home has been put up for sale. They said they contacted Smith and let him know what steps he needs to take to purchase the property.
You can contact the CBS 42 Your Voice Your Station hotline by sending an email to [email protected] or calling 205-488-4128.
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