Thursday, October 30, 2008

Ballot proposal would protect Ann Arbor's parks from sale

Opinion from the Ann Arbor News:

In the Nov. 4 election, the citizens of Ann Arbor have an opportunity to protect our parkland from arbitrary sale by a future city administration. Turn over the ballot, and down at the bottom there is a proposal to amend the city charter so that parkland cannot be sold without a vote at a general election. Voting yes on this proposal will ensure that the residents of Ann Arbor have a voice in any sale of the city's park areas.

What is the legal background of this proposal? The Home Rule Act, a state law that defines the powers of Michigan cities, forbids municipalities to sell parkland without a vote of approval at a general election. This seems clear enough, but there is an apparent loophole in the act - what if a city decides that a particular piece of property is no longer a park? Can the city ignore the requirement for a vote? Surprisingly, the answer is yes.

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