Property Rights Foundation of America, Inc.

FREEDOM OF INFORMATION REQUEST - SAMPLE LETTER - October 8, 2004

(Notes: This sample letter is for initial guidance in composing a freedom of information request letter. The letter relates to prospective condemnation of an area for redevelopment. It needs to be more specific for this and other purposes. The request for eminent domain information may be a particularly difficult one, considering that legal proceedings and/or information related to real estate transactions—requested in this letter—may be exempt from the freedom of information law. Please note that under the freedom of information laws, generally an agency is not required to create information for you or even to answer a question. Another approach is to ask the agency for a list of the categories of information in its files—which some states require them to have tabulated—and then to visit the agency by appointment to peruse the files of interest. You can select the things you that you want to have copied. Your letters should be typewritten.)

[Sent by Certified Mail] / Your name
Street Address
City, State Zip
Telephone number (daytime)
Date
Name of Official
Title
Agency Name
Street Address
City, State Zip
Re: Freedom of Information Request

Dear (Official’s Name):

In accordance with the freedom of information law, please send me copies of the following items in your files pertaining to the possible redevelopment of [describe neighborhood, streets, etc., city or village]. [Possibly add a reference to an attached newspaper clipping, or to a particular meeting of the city council, etc., by date, where this was discussed.]

1.  All correspondence, memos, e-mails, telephone notes, and other communications related to the proposed [discussed, etc, as appropriate] redevelopment.

2.  All studies, cost estimates, proposed or executed contracts, grant applications, press releases, news clippings, and descriptive documents of any nature related to the proposed redevelopment.

3.  All maps, plat diagrams, or schematic layouts of any nature related to the proposed development.

4.  All City [Village, Town], State, or Congressional bill proposals, budgetary items, executed laws, or the like related to the proposed redevelopment.

5.  All council [board] and committee meeting minutes, records of meetings, public hearings and meetings of any nature related to the proposed redevelopment.

6.  All legal proceedings, legal notices related to the proposed redevelopment.

Please reply within the time provided by statute. If the cost of complying with this request exceeds [$50.00, $100.00 or an amount you so state], please confirm with me by telephone at the number above prior to completing the response to this request.

If any portion of this request is denied, please state the name and address of the freedom of information request appeals officer.

Thank you for your cooperation.

Yours truly,
(Signed)
Your Name

Alternative tactic: Another approach would be to avoid referring to the project by name, if the eminent domain information is sensitive to being excluded under the state's freedom of information law, and to instead request all correspondence with or related to a certain developer, consultant, agency, etc. by name, then go on with your list by requesting minutes of certain meetings, by date, etc., and whatever you can think of. You should be able to expeditiously obtain a copy of the state freedom of information law from one of your state legislators. A further approach is to send a similar letter to different offices of the agency if it is a large agency such as for a big city or a state environmental agency. One office may be more helpful than another, especially if they are not in the same geographic locations.)

Appeal: When you appeal a denial of a freedom of information request, include copies of all records of your request, and be sure to cc. your letter to appropriate elected officials, specific newspapers by name, and the Property Rights Foundation of America (with the address).