Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

We’re From the Government and We’re Here to Build a Bike Path. Municipal officials are using eminent domain to take private property for recreational uses.
Wall Street Journal ^ | February 14, 2020 | Steven Malanga

Posted on 02/15/2020 4:48:38 AM PST by karpov

...

The practice of government taking land for recreational uses—typically bike lanes, hiking paths and fashionable “rail trails” and “greenways”—is spreading across the country, marking a sharp and troubling expansion of eminent domain. The Takings Clause of the Constitution’s Fifth Amendment grants government the authority to seize property to be used for the public good, as long as government pays “just compensation” to the owner. Over the years, the Supreme Court has consistently expanded what is considered a “public good” to justify government seizures. In 2005, for instance, the high court upheld the taking of Susette Kelo’s waterfront home by the city of New London, Conn., so that a local development corporation could build high-end condos and a hotel. The redevelopment was intended to boost property values and increase municipal tax revenues.

Meanwhile, cities and towns across America have in recent years developed an appetite for different types of lengthy, sometimes intrusive hiking and bike paths. Advocates contend that such recreational amenities are vital because they promote alternative forms of transportation. Bike trails “are increasingly being used as a nonrecreational means of transportation, particularly by lower-income residents without access to a motor vehicle,” testified Jason Segedy, director of planning and urban development for Akron, Ohio, in opposition to Rep. Manning’s bill.

Municipal land grabs often result in bitter confrontations. Officials in Sioux City, Iowa, sought to complete a riverfront recreation trail in 2017 by offering Brad Lepper half of what an independent county commission had ruled his property was worth. Rather than pay up in full, the city invoked eminent domain, prompting Mr. Lepper to wage a two-year legal battle. He represented himself for much of the time.

“It can be an intimidating process for a small-business owner to fight this, and many people probably wouldn’t risk it,”

(Excerpt) Read more at wsj.com ...


TOPICS: Culture/Society; Government
KEYWORDS: eminentdomain; takings
Navigation: use the links below to view more comments.
first 1-2021-4041-42 next last
The article starts by mentioning this case.
1 posted on 02/15/2020 4:48:38 AM PST by karpov
[ Post Reply | Private Reply | View Replies]

To: karpov

I fought the law and the law won...


2 posted on 02/15/2020 4:50:30 AM PST by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world)
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov

Militant bikers are a scourge everywhere.


3 posted on 02/15/2020 4:59:55 AM PST by Michael.SF. (Youth, speed and energy can always be overcome with experience and treachery.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov

In Bowling Green, Kentucky, the city wanted to widen a road. They used Eminent Domain to take three contiguous lots from the owner of a local bicycle shop. Gave him pennies on the dollar.

After they were done, they offered two of the lots back to the owner at five times what they had paid. When he balked, the city told him “off the record” that they would offer them to his competition before putting on the market.

They did that technique up and down the road, and used the proceeds to help pay for the roadwork.


4 posted on 02/15/2020 5:06:17 AM PST by Bartholomew Roberts
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov

In NY, the codified law requires developers to give property to the municipality for public use in exchange for planning board approval of the development. That’s whats called a “quid pro quo.”


5 posted on 02/15/2020 5:06:43 AM PST by Labyrinthos
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov
Officials in Sioux City, Iowa, sought to complete a riverfront recreation trail in 2017 by offering Brad Lepper half of what an independent county commission had ruled his property was worth. Rather than pay up in full, the city invoked eminent domain, prompting Mr. Lepper to wage a two-year legal battle. He represented himself for much of the time.

"Just compensation" means that the government should have to pay the full value of the property that the government used to assess property tax upon the owner.

From the article:

“It can be an intimidating process for a small-business owner to fight this, and many people probably wouldn’t risk it,” Mr. Lepper says. “I took this on myself because I couldn’t afford to run up big legal bills, but I knew the property was worth much more.” Hiring his own appraiser and planning expert, Mr. Lepper ultimately won an $82,500 settlement. Still, it was an uncomfortable experience. “I’m a local businessman. I have to do business here. I didn’t want to fight the city.”

Not exactly a happy ending, but a just one.

6 posted on 02/15/2020 5:11:19 AM PST by Yo-Yo ( is the /sarc tag really necessary?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Bartholomew Roberts

That is really nasty!


7 posted on 02/15/2020 5:13:07 AM PST by 9YearLurker
[ Post Reply | Private Reply | To 4 | View Replies]

To: karpov

the critical mass folks aren’t content to just logjam traffic once a month now, they impose empty special lanes to congest traffic further.


8 posted on 02/15/2020 5:15:43 AM PST by a fool in paradise (Everyone knows Hillary was corrupt, lied, destroyed documents, and influenced witnesses. Rat crime.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov

Statists hate private property (Point 1 in the communist manifesto is the abolition of private property) and plan to take as much of it as possible.

What they can’t take, they burden with laws that prevent the owner from using his property as he sees fit.


9 posted on 02/15/2020 5:16:47 AM PST by I want the USA back (The media is acting full-on as the Democratic Party's press agency now: Robert Spencer)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Bartholomew Roberts

all of that is legal now that your land can be seized for higher tax dollar business owners


10 posted on 02/15/2020 5:18:20 AM PST by a fool in paradise (Everyone knows Hillary was corrupt, lied, destroyed documents, and influenced witnesses. Rat crime.)
[ Post Reply | Private Reply | To 4 | View Replies]

To: karpov

Typically, if the benefits of a project exceed the costs people will build the project without government involvement, in a mysterious process called the free market, but more accurately referred to as freedom.

That leaves the government with nothing to do, unless they can dream up a lot of projects whose costs outweigh the benefits. But people wouldn’t vote for those projects unless the politicians lie and claim the benefits are much greater than they really are and also underplay (and, where possible, underpay) the costs.


11 posted on 02/15/2020 5:19:05 AM PST by edwinland
[ Post Reply | Private Reply | To 1 | View Replies]

To: karpov

In Seattle years back Seattle used emanate domain to take this old lady’s house for something, forgot, anyway they didn’t build on it and later sold it to a car dealer so she’s out of her house, was torn down, wasn’t used and then sold.


12 posted on 02/15/2020 5:22:47 AM PST by SkyDancer ( ~ Just Consider Me A Random Fact Generator ~ Eat Sleep Fly Repeat ~)
[ Post Reply | Private Reply | To 1 | View Replies]

To: edwinland

Not to mention that some politician grow wealthy somehow in the process.


13 posted on 02/15/2020 5:30:54 AM PST by oldbrowser (The government did not create the people. The people created the government)
[ Post Reply | Private Reply | To 11 | View Replies]

To: SkyDancer

Here they built a wide path for miles along the roadway but separate from it by a 4 to 6 foot landscape. Of course the bike pests still use the road.


14 posted on 02/15/2020 5:33:03 AM PST by Mouton (The media is the enemy of the people.)
[ Post Reply | Private Reply | To 12 | View Replies]

To: karpov

The author uses a pretty poor example to make his case here. He may not like bike paths, but a public park is a legitimate public use for an eminent domain acquisition. Blurring the line between a Kelo situation and a bike path doesn’t help his cause at all.


15 posted on 02/15/2020 5:39:54 AM PST by Alberta's Child ("In the time of chimpanzees I was a monkey.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: teeman8r

In the kelo case, I dont believe they ever built it. Not as of a few years ago.


16 posted on 02/15/2020 5:41:48 AM PST by Donnafrflorida (Thru Him all things are possible.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Alberta's Child

Concur.


17 posted on 02/15/2020 5:59:12 AM PST by FreedomPoster (Islam delenda est)
[ Post Reply | Private Reply | To 15 | View Replies]

To: Donnafrflorida
“In the kelo case, I dont believe they ever built it. Not as of a few years ago.”

They didn't, AND, the pharmaceutical company research facility (Pfizer) that was supposed to be an anchor/draw for the hotel moved to MA. Eminent domain should rarely, if ever, be used, and then only for definitely crucial purposes - not for bike paths, hiking trails, or a road that some developer wants so that his/her development will have better accessibility.

18 posted on 02/15/2020 6:02:11 AM PST by neverevergiveup
[ Post Reply | Private Reply | To 16 | View Replies]

To: Donnafrflorida
The project never got built because Pfizer — the company that was supposed to be the main occupant of the office complex — backed out of the deal after it merged with Wyeth and began downsizing.

The good news is that the property is now a dump (literally) generating no tax revenue for the city of New London.

19 posted on 02/15/2020 6:05:14 AM PST by Alberta's Child ("In the time of chimpanzees I was a monkey.")
[ Post Reply | Private Reply | To 16 | View Replies]

To: karpov

I have a bad feeling about our property, our whole neighborhood. Last year our city released something they call the 20 year plan. It has the “city center” in a large commercial area just across the highway to the west and a “neighborhood center” just across the highway to the north (we live where two highways cross) lots of city stuff is all around us, big library, city hall. City recreation center, senior center, etc. And they are making noise about a city fine arts center and park....then in October we got our tax valuation for the year, for the first time in 13 years it went down. Looks like bastards are plotting to buy our neighborhood on the cheap.


20 posted on 02/15/2020 6:07:12 AM PST by BudgieRamone (Everybody loves a bonk on the head.)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-42 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson