CIVIL LIBERTIES

DOMAIN FOR THE EMINENT UPDATE

[From a roundup on Reason's Hit & Run site. The excerpt that should
strike fear into every property owning non-profit in the country: "Among
the requirements is proof that the property seizure is necessary for
public use -- based on the U.S. Supreme Court ruling in June 2005
regarding eminent domain -- and Eastman said that proof would be rather
easy to show since a church is tax-exempt and a housing project would
bring in more revenue for the city."]

HIT AND RUN - The village of North Hills on Long Island, one of the
wealthiest towns in the U.S., has its eyes on Deepdale, one of the
country's top golf courses. Local politicians are threatening to seize
the course through eminent domain and make it a public "amenity" open to
all 1,800 residents of North Hill. There's your "public use." The
official goal, in a town where home prices start in the millions, is to
enhance property values.

http://www.reason.com/hitandrun/2006/03/steal_from_the.shtml

ASBURY PARK PRESS, TRENTON Gopal Panday says after he built Rainbow
Liquors on Broadway in Long Branch into a million-dollar-a-year
business, it turned worthless overnight in the eyes of New Jersey's
much-maligned [we think the writer meant 'much criticized' -TPR]
eminent-domain law. "Under eminent domain laws, it doesn't provide you
with anything for your business," Panday said Monday after testifying
before the Assembly Commerce and Economic Development Committee. "Just
the land," he said.

Flood victim Linda Brnicevic of Bound Brook described how she says
eminent domain there is being used to uproot minorities. Residents of
Camden's Cramer Hill neighborhood asked why eminent domain has them
being moved out of a stable and tidy area.

http://www.app.com/apps/pbcs.dll/article?AID=/20060314/NEWS03/603140309/1007


ERIC STIRGUS THE ATLANTA JOURNAL-CONSTITUTION - The couple fighting the
city of Stockbridge's efforts to use eminent domain laws to forcibly buy
their business might get to keep the property after all. At a raucous
City Council meeting Monday evening, Stockbridge Mayor R.G. "Rudy"
Kelley said he would ask his fellow council members to vote on whether
Mark and Regina Meeks may keep their florist shop. . . The Meekses'
battle shined a spotlight on eminent domain - laws . . . The Meekses
have vigorously resisted the city's efforts - saying Stockbridge
negotiated in bad faith. City officials deny such claims. . .
"This is a prime example of big-city government strong-arming the
citizens.," said the Rev. Daniel Edwards, president of the Henry County
NAACP. . . The protesters entered the meeting, where Councilman Steve
Moon read a statement accusing the Meekses and the news media of
distorting the facts in the dispute. "The city has dedicated itself to
bringing life back into downtown, and we will not be deterred by
pressure from those who seek nothing more than financial gain or
political recognition," his statement said. The statement generated
several heated exchanges between the two sides.

http://www.ajc.com/metro/content/metro/clayton/stories/0314metdomain.html


GREGORY KORTE, CINCINNATI ENQUIRER - Eighty-year-old Emma Dimasi has
told friends and neighbors she wants to live the rest of her years on
the corner of Clifton and Dixmyth avenues, in the small brick house
she's owned since 1959. The city has given her until Saturday to get
out. In a case that could have statewide implications, a Hamilton County
magistrate will decide Monday whether the city of Cincinnati has the
right to take Dimasi's house for a $4 million relocation of Dixmyth
Avenue. The taking of Dimasi's house is a routine and long-accepted use
of eminent domain for a city like Cincinnati, which has filed 21 such
court actions for road projects since 2003. But Dimasi argues that
private economic development - not public transportation - is driving
the road project. That's because Good Samaritan Hospital is contributing
$1.28 million toward the project, which would give the hospital more
room to grow as it continues a $122 million expansion. Under its
agreement with the city, the hospital also stands to get whatever land
is left over after road construction for $1. The case is the first to
test an Ohio law banning for one year the use of eminent domain for
economic development if the property will ultimately end up in the hands
of another private owner. And it's a prime example of what critics say
is a legal system that stacks the deck against property owners.

BAPTIST PRESS - Another step was taken toward the destruction of the
Filipino Baptist Fellowship building March 13 when the Long Beach
Redevelopment Agency Board voted 6-0 to condemn the church in order to
build condominiums, despite testimonies from community members regarding
the public good that flows from the religious institution. . . During
the hearing, the redevelopment agency voted to authorize the city
attorney to begin condemnation proceedings, Eastman explained. The next
step will be for the city attorney to file a complaint to condemn the
property, which includes demonstrating that it meets the statutory
requirements for condemnation. Among the requirements is proof that the
property seizure is necessary for public use -- based on the U.S.
Supreme Court ruling in June 2005 regarding eminent domain -- and
Eastman said that proof would be rather easy to show since a church is
tax-exempt and a housing project would bring in more revenue for the
city.

http://www.sbcbaptistpress.org/bpnews.asp?ID=22837