Where, precisely, is the line separating private property from public interest?
That question is at the heart of a dispute between Jefferson City government and Barbara Buescher, who owns a number of Capitol Avenue historic properties that have fallen into disrepair.
Public interest may focus on public safety, historic preservation and/or protecting the integrity of neighborhoods and the values of adjacent property owners.
City officials recently won a court judgment of more than $24,000 to offset the costs of maintaining 15 Buescher properties deemed in violation of the nuisance ordinances.
Although Buescher's attorney called the ruling "absolutely wrong," we believe it is absolutely correct. The city spent taxpayer funds to mitigate public safety violations and deserves to be reimbursed.
Other concerns regarding the deteriorating properties are not so clear-cut.
Capitol Avenue is a tree-lined corridor connecting Jefferson City's downtown to the Missouri State Penitentiary redevelopment site. Among the many historic, once-majestic buildings, some have been restored while others, including Buescher properties, are vacant and dilapidated.
Community residents have wondered aloud why Buescher retains, but does not maintain, those properties.
Speculation, however, is not a solution.
A concern among historic preservationists is that continued deterioration could prohibit restoration. Water from leaking roofs eventually causes irreparable structural damage.
In addition, dilapidated properties raise concerns among neighbors who have restored or intend to restore their buildings.
We respect private property rights, but when neglect descends into public blight and unsafe structures, government must use every means at its disposal to bring properties up to code.