Kennedy 0 #1 September 4, 2004 [urlhttp://cf.townhall.com/linkurl.cfm?http://www.mountainstateslegal.org/summary_judgment_home.cfm[/url] QuoteD.C. GOVERNMENT SPREADS DESPAIR ON GOOD HOPE ROAD by William Perry Pendley September 1, 2004 Skyland Shopping Center sits at Good Hope Road and Alabama Avenue in southeast Washington, D.C., in Anacostia, named after the river that separates it from the rest of the Capitol. Skyland is a non-contiguous collection of 170,000 square feet of retail properties with fifteen different owners that sprawl across twelve acres next to five acres of woodland. More importantly, Skyland, which lies in a city that has seen some tough times, is a place of hope. One of the owners is an African-American couple whose business in northeastern Washington was burned down in the 1968 riots; they moved here a short time later, worked hard and prospered. Another family bought their share of the shopping center in the 1940’s and, through the bad days since, held on, pouring millions into their property. Two men are more recent owners: long time employees of a liquor store proprietor, they mortgaged their homes and bought the store, pursuant to his will, after his death. Then there are the tenants, each of whom demonstrates that the American dream is vibrantly alive! Moreover, Skyland is a thriving retail operation. Each day, the parking lot that meanders among the buildings is a river of traffic. Vendors, whose operations are illegal but that flourish anyway, arrange their wares on the streets of Skyland rather than before the upscale and multi-million dollar redevelopment project across Good Hope Road. Residents, 49 percent of whom come from households that earn less than $35,000 a year, ride the bus to Skyland, shop at the post office, grocery store, beauty shop, drug store, check cashing store, and other outlets, then barter with a freelance “taxi” to deliver them and their wares home. Tellingly, the grocery is reputed to be the highest grossing outlet of its regional chain. To most folks, Skyland is a great success. A cross section of Americans own and invest in property there. Tenants, some newly arrived in this country, run businesses there. Employees there believe they may one day own the boss’ business. And locals can shop there for an array of reasonably priced goods and services. But to the D.C. Council, Skyland is a “slum” that must be condemned, razed, and, at a cost of $27 million, turned over to a private developer for an unnamed retailer. In May, after they passed “emergency” legislation, Council members jetted off to a Las Vegas “big box” convention to shop the property around; there were no takers. Experts say that the numbers make no sense and that an economic disaster awaits, which is nothing compared to what will befall people who have poured their lives into Skyland. Some have decided to fight back, but they face incredible odds. In 1954, in a Washington, D.C. case, the U.S. Supreme Court ruled that the federal government could condemn a store, which was neither “blighted” nor a public nuisance but merely in an “undesirable” area, and sell it to a private developer. Thirty years later, the Supreme Court went further, eviscerating the constitutional requirement for “public use.” Wrote Justice O’Connor, “that property taken outright by eminent domain is transferred in the first instance to private beneficiaries does not condemn that taking as having only a private purpose. The Court long ago rejected any literal requirement that condemned property be put into use for the general public.” Change, however, may be in the wind. In 2001, a California federal district court barred a city’s efforts to condemn property that rested “on nothing more than the desire to achieve the naked transfer of property from one private party to another.” Then, days ago, the Michigan Supreme Court, “in order to vindicate our Constitution [and] protect the people’s property rights…,” unanimously overruled a 1981 precedent that provided a blank check to governments wishing to seize private property to give to other private users. After months of darkness, there may be some light on Good Hope Road. Anyone care to wager on when governments will start recognizing the fact that eminent domain was not meant to steal one person's land and give it to someone else? edit to add urlwitty subliminal message Guard your honor, let your reputation fall where it will, and outlast the bastards. 1* Quote Share this post Link to post Share on other sites
akarunway 1 #2 September 5, 2004 But to the D.C. Council, Skyland is a “slum” that must be condemned, razed, and, at a cost of $27 million, turned over to a private developer for an unnamed retailer................ Named prolly WALMART. I've been following this shit for awhile. It's getting WAY outta controlI hold it true, whate'er befall; I feel it, when I sorrow most; 'Tis better to have loved and lost Than never to have loved at all. Quote Share this post Link to post Share on other sites
Jimbo 0 #3 September 7, 2004 QuoteAnyone care to wager on when governments will start recognizing the fact that eminent domain was not meant to steal one person's land and give it to someone else? Take a look at the Institute for Justice, cases like this are right up their alley. - Jim"Like" - The modern day comma Good bye, my friends. You are missed. Quote Share this post Link to post Share on other sites
