Posted on 09/09/2005 1:41:51 PM PDT by calcowgirl
The city of San Diego, with its much-admired downtown ballpark and Horton Plaza projects, has long been the poster child for the wise use of eminent domain: the right of government to seize private property, with just compensation, for what it deems public benefit. But after two outrageous stories in two weeks, a pair of local government bodies may find themselves held up as poster children for eminent domain's misuse – and deservedly.
First came a report on the San Diego Model School Development Agency's push to seize and demolish 188 homes in the thriving City Heights neighborhood to build up to 509 town houses, condos and apartments more to its liking. The 30-acre site is far from the decaying neighborhood normally targeted in redevelopment, but blithe agency bureaucrats from the Soviet school of central planning – knowing they could call the area "blighted" if they chose – didn't care.
Then came yesterday's jaw-dropping story about National City's plan to use its powers of eminent domain to force the Daily family to sell a parcel the family leases to the Mossy family for one of its thriving car dealerships. After the two sides couldn't agree on a sales price, Mossy representatives made plain they would move their Nissan dealership – and the $1 million in annual sales and property taxes it generates for National City – unless the city helped close the deal. The City Council promptly caved in to Mossy's unsavory hardball tactics and, in its role as the city redevelopment board, began looking into seizing the land – after a mysterious epiphany in which members suddenly realized the site suffered from a heretofore undetected case of "visual blight."
Meanwhile, a Union-Tribune public records request proved that most of the council and a top city official had lied in claiming ignorance about the months of maneuvering over the Daily parcel.
What a sordid trifecta for National City's leaders: a simultaneous display of malfeasance, dishonesty and abuse of power. Yes, they should continue working to keep Mossy Nissan in town – but with a sense of shame over what they've already done and without more ugly threats to the Dailys.
If anything will sustain the public backlash seen in California to a June U.S. Supreme Court ruling that upheld local governments' right to use eminent domain solely for economic reasons, it is just the sort of official imperiousness seen in these two cases.
What's more, these stories also help demolish the claim of California redevelopment officials that state law – which requires a finding of "blight" before a property can be seized – made impossible the abuse seen elsewhere. But when blight means whatever an ambitious bureaucrat or the local car dealer wants it to, that's no protection at all.
No wonder state Sen. Tom McClintock, R-Thousand Oaks, is confident his push for an initiative to sharply limit eminent domain will make the ballot and win. He doesn't even have to buy ads. All he has to do is sit back and watch the oblivious redevelopment bullies keep making his case for him – one crazy "blight" designation at a time.
I think I might have changed my mind about our previous conversation... yikes!
McClintock Ping!
Please freepmail me if you want on or off this list.
Dang...that's my bank transpirin' in those doin's. Might have to go local.
So they're gonna put a car dealership on the land. Talk about blight...
Wow. Thanks for this post.
Nat'l City is right next door.
Have always bought our cars from the Mile O' Cars there.
Roger Hedgecock will no doubt be all over this today.
It didn't "uphold" that "right". It created it.
Can somebody explain to me what a "Model School Development Agency" is doing initiating residential real estate development schemes?
I don't think this has anything to do with National City Bank.
BTTT!!!!!!
Bump'n It Up FRom Sitka!!!
Nat'l City Mile O' Cars ping
Do they publish the addresses of these politicians? It would be great to go into their hoods for a massive protest. Its the only way they will know they cant hide behind the dirty robes.
A tyranical govt can do ANYHTING it wants without a second amendment!
Learn! Quickly! Who is next?
The Hoods in their hoods make freeping not too safe.
I avoid Nat'l City at night, and usually in the daytime, too.
Eminent Domain=Imminent Demise (of property owners 'rights')
ala the Conservancy agenda driven nutjobs already hard at work across the state for years
BTTT
Exactly where this initiative belongs - on the ballot. We can't depend on "decisions" from the California state legislators anymore. They always vote against Californians. McClintock is a breath of fresh air!
HA! I just realized something.
The local commercial jingle for Mossy Nissan goes:
MOSSY Nissan,
MOSSY Nissan,
MOSSY Nissan...
MOVES you!!!
Well, this is an interesting position for National City to take: "This site is visually blighted. We're going to seize it and sell it so that the car dealership that's blighting it can continue to do so."
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