Deed restrictions put in place by members of the Council Bluffs City Council cannot stop a currently Nebraska-based abortion provider from expanding into the state.
Members of the City Council voted unanimously last week to sell a city-owned vacant lot with restrictions that the property could never be used as an abortion clinic, an obvious attempt to stymie the hopes of Dr. LeRoy Carhart’s effort to expand his practice into Iowa and two additional states. The restrictions, however, only limit use on the city-owned lot, and leaders do not have the authority to require private land owners to also place similar restrictions on land that they sell.
City Attorney Richard Wade told The Daily Nonpareil that the land restrictions adopted by the Council would would remain with the parcel “no matter how many times it is sold,” and that it would take a similar action by the Council to ultimately remove the restrictions. Wade also admitted, however, that the city is powerless to require private property owners from enacting similar restrictions.
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Complete article at American Independent : http://ainn.ly/gLZMsW
