About that Pesky "Private" Property Thing

There has been some discussion recently on Nextdoor about what to do regarding the eyesore strip mall that extends from PetSmart, through Kroger, and all the way to Donato's and the Speedway Chamber of Commerce.

As much as I'd love to suggest things the Town could do, unfortunately, hands are basically tied.

I read an interesting article out of northwest Indiana recently about similar troubles. I highly recommend it.

A few highlights:

With Kmart closing its Merrillville location in December, town officials are concerned what will happen with the vacant building. 

How long that building at 101 Lincoln Highway will go unused is unpredictable. A Kmart building near 95th Avenue and U.S. 41 in St. John has been unoccupied since October 2012. 

Sounds hauntingly familiar, no?

Officials in both towns might look into what Valparaiso did when the city faced a similar situation with a former Walmart at U.S. 30 and Ind. 49. That structure remained vacant for a long time before being torn down. A Tractor Supply Co. store was eventually built in its space in 2005.

 

Valparaiso city officials around that time decided to create a Big Box Abandonment Prevention ordinance that includes a plan of action in which the owner of the property must meet with the city and file a plan of action for reuse of the property. It includes maintaining the property, reuse of the site by the existing owner or active remarketing of the facility.

The ordinance, which Valparaiso has not had to put to use, states the property owner must file monthly reports with the city that detail, among other things, listing agents for the property, maintenance activities to prevent blight and decay, and improvement activities related to reuse of the property. Failure to file this plan, a binding contract with the city, would mean the city could provide notice of its intent to condemn and demolish the property and charging all costs to the owner. 

Often lost in the discussion of how to develop land as quickly as possible is what happens when the structures near the end of their useful life? Rest assured, property owners want to squeeze every last bit of value out of structures before tearing them down. I can't blame them, but when that desire results in costs that the property owner does not bear, then there is a problem.

Kil said the Kmart property is owned by Garden Properties in New Jersey, and they have no plans to sell it. He said he was told by one of its representatives that it is the policy and business plan of their company to not sell their properties. 

"They will only enter into long-term leases with what they consider to be blue chip tenants," he said. "They are willing to sit on properties for decades if that's what it takes."

Kil said he was given an example of a vacant property the company owns in Chicago's northwest suburbs that "took them 10 years to lease." 

"Their policy is real clear," he said.

When contacted by The Times, Garden Properties said there was no update regarding Kmart and they had no other comments.

It seems to me that there ought to be a mechanism in place whereby a community can force a property owner, be it a homeowner or the owner of a big box store, to maintain property in a manner so as to not negatively affect the surrounding properties or be subject to condemnation. In the case of a home, that probably means such things as keep the grass mowed. When it comes to retail space, that probably includes keeping the place generally occupied. It seems that this would compel all property owners to tend to their belongings or risk losing them.

These are scattered thoughts, of course. However, they seem pertinent in light of ongoing efforts to improve Speedway. Not only do we want it to be nice for 2017 and 2018, but also for 2030 and 2050.

Short-sightedness is no virtue.