The land where Flight 93 crashed on Sept. 11, 2001, can now be seized by the federal government through eminent domainPosted on 10/20/2008 2:58:02 PM PDT by BGHater
The federal law authorizing the Flight 93 National Memorial has been changed to allow the federal government to use eminent domain proceedings to obtain the 275-acre Svonavec Inc. property.
Patrick White, vice president of The Families of Flight 93 and buyers agent for the Families, said on Wednesday that the Justice Department would be the one to file for condemnation and will make the decision if and when to do so. It is not the Families of Flight 93’s decision, he said.
“The time has come for the residents and citizens of Somerset County to understand what the law is and what it has been,” he said in a telephone interview. “It will ensure that no individual stands in the way of the National Park Service securing the land where our lost loved ones’ remains are.”
John Reynolds, chairman of the Flight 93 Advisory Commission, said in a telephone interview that he wasn’t aware that people didn’t realize that the law had been changed.
“When I heard that people didn’t know, I said, ‘Holy mackerel,’” he said. “If all other options fail, the use of eminent domain at this point would be absolutely appropriate to protect for all time the cemetery in which the remains of the heroes of Flight 93 lie. Not to do so would be an irresponsible and insensitive act of the U.S. administration, which promised that the remains of their loved ones would be forever protected and respected by the nation that they died for. This is the core of the memorial. The rest (of the land) will be used for the National Park Service to tell the story of Flight 93. You wouldn’t want to get rid of Arlington National Cemetery or the Flight 93 crash site.”
The Svonavec property includes the “sacred ground,” or crash site, and the land where the temporary memorial had been located before it was moved across Skyline Road this summer.
Mike Svonavec, secretary-treasurer for Svonavec Inc., said in a telephone interview that he is not surprised to hear that the law was changed to allow for eminent domain proceedings. He later called back to say he had checked and it was attached to the federal appropriations bill as “one little thing attached to a huge thing.”
“It’s not unexpected,” he said. “I’m disappointed. They (National Park Service) never followed their own procedures. We had two independent appraisals and they were not released. It’s their only other direction — they follow the rules, which they didn’t do, or they steal the property.”
Patrick Svonavec, attorney for Svonavec Inc., also expressed disappointment.
“I am extremely disappointed in our legislators and I don’t know who proposed it,” he said. “The National Park Service and the appraisal service, which is part of the National Park Service, has done nothing within the rules to acquire the property. Why should it now have to be through the backdoor by a legislation change? That rewards their inaction. That is very sad, but not unexpected.”
The Families already own the 932-acre PBS Coals site — the other major property — and a number of smaller segments. The entire memorial will encompass about 2,200 acres, including 900 acres of scenic easements.
Congress changed the Flight 93 National Memorial Act to allow the eminent domain procedure. When the act authorizing the memorial was passed on Sept. 24, 2002, and signed by President George Bush that same day, it was required that the land be acquired from willing sellers. The president strongly supported the act, as did Sen. Arlen Specter and former Sen. Rick Santorum, Reynolds said. Congress passed it unanimously.
The law was amended by Section 128 of the Consolidated Appropriations Act to “remove the requirement that the land or interests in land for the memorial site be acquired from willing sellers; and to authorize the acquisition of the land or interests by condemnation with donated or appropriated funds.” It was passed by the House on June 22, 2007, and by the Senate on Sept. 6, 2007. It is only for Flight 93.
The standard for the past 15 to 20 years has been to use the language about buying property from “willing sellers” instead of using eminent domain, Reynolds said. The Secretary of the Interior is reluctant to use condemnation proceedings.
Depending on which method the Justice Department uses to file for eminent domain, there may be a hearing on the complaint in condemnation, White said. The landowners could then object to the action.
The other alternative is to file a declaration of taking. If a declaration of taking is filed, the hearings would be held only to determine “just compensation.” White believes that the most likely place it would be filed would be in federal court for the Western District of Pennsylvania, which is in Johnstown.
“The Families want the property to be acquired as soon as possible,” he said. “It continues to be the largest tract remaining (not owned by the National Park Service). Our board is strongly committed to, as soon as possible, acquiring and controlling the property, to ensure the area is protected and that the issue of the unidentified remains will be finalized. We have waited patiently; we have worked with our partners persistently to bring that land under the protection of the Flight 93 National Memorial Act.”
The Families of Flight 93 want those human remains that are too small to be identified through DNA to be interred in a common grave at the site.
“We want the community to understand that this law exists and it is possible that it will be used,” he said. “We reaffirmed that at our most recent meeting yesterday (Tuesday). No one is desiring it (eminent domain) to be filed. Every possible idea that has the remotest chance of success has been discussed, is being discussed and is willing to be discussed.”
While it is true that the property is needed for construction of the memorial, that isn’t the main factor in the possibility of going with eminent domain, White said. The driving force is the need to protect the sacred ground. The sacred ground is to be part of Phase 1A, with construction to begin by 2010.
In July, the federal government rejected the second appraisal of the Svonavec property because it was based on the value of a private memorial and this is a public memorial. Patrick Svonavec said the National Park Service’s appraisal service is going to hire an independent group to review the rejected appraisal.
Memorial Superintendent Joanne Hanley said that is being done as another step in the process.
“We want to exhaust all options and all possibilities,” she said.
White said the National Park Service has a standing offer for the property of $250,000. He believes that number is close to what the federal government would be looking at as just compensation in an eminent domain proceeding. The federal government would be “hard pressed” to spend more of the taxpayers’ money than that, White said.
The Families of Flight 93 has offered to pay Svonavec Inc. three times the park service offer, he said. The Families’ offer has neither been accepted nor refused, he said.
Mike Svonavec said the National Park Service offer was rejected in July in a letter to realty officer Pam McLay. Hanley said to her knowledge, the park service’s lands office in Philadelphia has never receive a written rejection of the offer.
Mike Svonavec has always said that he would never accept money for the sacred ground. The entire property was surveyed by M.W. Beeghly and Associates, Somerset, for the National Park Service. Several years ago, Mike Svonavec discussed donating the land and was told no because the entire property sale hadn’t been decided.
“The offer still stands for the Families to pay for the surveying work for the legal description needed for the transfer of the sacred land (to be donated),” White said. “The Families are willing to be the grantee (the one who accepts the property). I respect that they (Svonavecs) want to do it all at once, but the time for action is now.”
Hanley said the park service would accept the donation of the sacred ground.
“The National Park Service has stood and continues to stand ready to accept the donation of the crash site immediately while we have ongoing negotiations concerning the rest of the property,” she said. “We must get this land into the public trust as soon as possible. It must come under the ownership, the stewardship and the care of the American people.”
Patrick Svonavec is optimistic that if the appraisal would be disclosed to them, they would rapidly conclude the sale of the property.
“In all reality they don’t have to make the effort to condemn it,” he said. “It’s sad. These people work for us and they won’t do their jobs. What is a person supposed to think? It almost leaves me speechless.”
Mike Svonavec said he rejected the offer from the park service in July and has never recognized an offer from the Families.
“They’re wonderful people, I talk to them, but this deal is not between me and the Families,” he said. “It is between me and the park service.”
He hasn’t had any contact with the agency since July, he said. He has no plans of operating his own memorial at the site.
“I don’t plan to be in the memorial business,” he said. “I want to preserve and protect the property and to find a proper and permanent custodian. I have waited for years for the National Park Service to do something. I can’t force them to buy the property.”
The land where Flight 93 crashed on Sept. 11, 2001, can now be seized by the federal government through eminent domain
Cognitive Dissonance Alert!
I see the reason for a memorial but why use the government to steal it. The victims families have been well compensated as humanly possible. The greed is to no end.
Outstanding, in order to make a memorial to those who died by the hands of islamic terrorists, the US government has turned to tactics that would have put a smile on Joseph Stalin’s face. Turn out the lights, the party is over.
Exactly.
That is over 1.3 square miles. Ridiculous.
Why not five, ten or . . . . square miles?
If Svonavec is against creating a crescent aligned with Mecca, I’m behind them 1,000%.
My mistake, make that over 3.4 square miles. Sheesh.
The land became, through the Fortunes of War, a battlefield where American heroes died defending America: Preventing the destruction of the U.S. Capitol Building, to be exact.
Once the Fortunes of War choose your Cornfield or your Dunker Church on American soil to be such a historically significant battlefield, the U.S. Government will likely end up owning it as Hallowed Ground.
That is the way it has been since long before we were born and it was not wise to try to get top dollar for the land.
Bill of Attainders are unconstitutional...: “The law was amended by Section 128 of the Consolidated Appropriations Act to “remove the requirement that the land or interests in land for the memorial site be acquired from willing sellers; and to authorize the acquisition of the land or interests by condemnation with donated or appropriated funds.” It was passed by the House on June 22, 2007, and by the Senate on Sept. 6, 2007. It is only for Flight 93.”
Should read BILLS of Attainder... I know it is common for ALL THREE branches of govt to ignore our founding docs, but there is something especially disturbing about laws and regs directed at specific individuals. EVIL.
I don’t get it. Mr. Svonavec apparently wants no money for the actual property where the victims died, but according to some wants $10 million for the other property that NPS wants. It shouldn’t be that hard to figure out how much 273 acres of land is worth. Is Svonavec being greedy? Do they really need that much land for the memorial?
I don’t dispute this fact. The owner of the land and families should be willing to make a deal. No reason for greed to play a part.
It is 1.406255625 sq.mi. You were closer on the initial post;-) (639.99 acres to a sq.mi)
Actually, the families are not a party in the acquisition. This deals with the Federal Government acquiring land for a National Monument.
Now that the point has been made, maybe both the National Park Service and the land owners can sit down and work out a fair deal where the Park Service does not try to cheat the owners because they can resort to eminent domain and the owners do not try to gouge the Park Service because they believe that they can hold out for top dollar because the Park Service can't pass up on the land.
Quit picking on easy targets.
Either treat everyone the same or quit making the Law an empty promise.
Hmm. 2,200 acres/640 acres per sq. mile = 3.43 sq. miles.
Where is my math wrong?
Eminent domain, one of the worst Supreme Court decisions in history recently, can’t remember the name, maybe Kelo, in CT, courtesy of the liberal wing of the Supreme Court and one swing vote, not sure, might have been O’Connor.
Wow. I didn’t think of that. What a double standard.
As a victim of Eminent Domain I tend to follow these hypocrites and fellow victims of Eminent Domain cases.
I am not pleased to heard of any more.
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