Skip to comments.Eminent domain struggle over bike shop
Posted on 06/06/2005 7:22:22 PM PDT by Land_of_Lincoln_John
June 6, 2005 One man's battle to save his bicycle shop may rest with the United States Supreme Court.
The city of Chicago wants to use the power of eminent domain to take the property for a condo development. The bike shop owner calls that an abuse of power.
Eminent domain gives a city the power to take private land -- for a fair price -- so long as the deal benefits the public.
A Connecticut case awaiting an important ruling by the U.S. Supreme Court is mirrored by many eminent domain cases across the country including the fight over a Jefferson Park bike shop.
They all ask the question, "when is it proper for a public body to take private land for what will be private use?" Don Zordani is a former bicycle racing champion who has made his living selling bikes. Nearly 35 years ago, he bought an old Jewell store in Jefferson Park and turned it into a shop that has had -- over the years -- a sizable clientele.
The city wants to take the bike shop and surrounding properties and allow a private developer to build a seven story condominium tower.
Zordani sees that as an abuse of the city's power to condemn.
"This is not something for the city or the park district, or a school. it would just be for a private developer to make the lot of profit," said Don Zordani.
"I'd like to see some type of development there to make the community proud rather than the eyesore around those abandoned stores," said 45th Ward Ald. Pat Levar.
The city argues that the bike shop and surrounding properties are "blighted", and that building a condo tower with retail shops here would create jobs, improve the tax base and neighborhood appearance. All that, the city argues, would serve the public interest and therefore satisfy the law.
But Zordani says when this process began in the late 90's, his building had not been declared blighted, and the developer who desires his property now was investing heavily in the neighborhood.
"He built a nine-story office building he put in a blighted area," Zordani said.
"We don't think this property's blighted and if it is, then there's not a piece of property anywhere that isn't at risk of being condemned by the city," said Joe Cainkar, attorney for Zordani.
Don Zordani acknowledges that he would sell for the right price. Everybody, he says, has a number.
The developer who wants to put up the condo, Demetrius Kozonis says Zordani's number is way out of whack -- several million dollars too high -- that they've offered to keep the bike shop in the neighborhood, but that Zordani is stubborn and unreasonable.
Eminent domain = Grand larceny under the guise of the government (most of the time)
The "market value" is the figure you have to offer to make a successful purchase. You failed to do this
>> A comment like this isn't even worthy of a response.
I Agree... Oops. Uh, Admin mod where's the un-post button?
A lot of FReepers live in "hick counties."
Ya, ya. I was trying hard not to be mean. ;-)
I doubt they live in this county.
And anyone who doubts my conservative credentials, all you need to do is ask me what I think should be done with the border. Let's just say, me and Pat Buchanan are ideological kin on this issue.
And the one sale has to be met with a true market value...not what some goofy local appraiser rates it at for tax purposes!
The west is going to be the big battleground over this. Not so much California, because to be quite honest, I think California has reached equilibrium. In the next 20 years, California is going to start suffering what New York, Illinois, etc have long dealt with.
It's become too expensive to do business in Cali.
I think two states where alot of these issues are going to come to the forefront. Idaho and Nevada.
With Nevada, the fact is, the boom has to go bust at some point. You can't run a city of 3 million people (I've heard some estimate thats what the metro will be by 2010) on gambling alone. Especially when you're talking about a city that would not exist without modern technology.
Idaho is different because of well, the explosion Boise has seen in the last few decades. I was surprised to find out the Boise area now has half a million people, and it is still growing exponentially. I think in the next 10-15 years, Boise will start encroaching on well, land that hasn't seen the light of civilization ever, and I think some big issues will occur there.
I'd same the same for Colorado.
Ping. See post 40
I doubt they live in one this bad.
They put the sheriff in jail a couple of years ago because he had fixed a couple of elections.
When I say hick, I mean rural and corrupt. If there's no corruption, I just say rural.
My property is "rundown". All the "potential" exists because it is MY damned swamp, I live here and hope to die here. Build your damned condos and golf courses somewhere else, and We will get along just fine.
It is MINE! I put many years of blood, sweat, and tears into it. I cleared it, just enough to move on to, with an old chain saw, a machete, and a little pickup truck. All my little rabbit hounds, and my old tomcat are buried on it. With luck, I will be too.
"Eminent Domain" is counter to everything American.
"Fair market value" is what I say it is, and you don't have enough money to even make an offer.
Why don't you take your inflated ego and total misunderstanding of Eminnant Domain. We know you are a "really big real estate magnate." We really aren't the Donald Trump types, so I guess we just can't follow your incredible "logic".
Sorry...I guess I just put Real Estate salespeople in their own category of intelligensia....about third grade level.
"In Tunsia, for example, a daughter with firm breasts can be worth a couple of goats."
I'll match those goats and throw in a hog and two chickens.
Once again, you've misconstrued what I've said
NEVER ONCE DID I DEFEND EMINENT DOMAIN, so I don't know where the idea that I was came into play.
Clearly, I was misinterpreted.
Eminent Domain is when the government tells someone, they want their property, they pay them what they think it's worth, and they take it by fiat.
And it is unjustifiable in any circumstances, even to build a freeway.
If you want someone's land, you should pay them what they'll take for it, and if you can't do that, find a way to build what you wanna build while leaving the persons property intact.
Perhaps post 5 will refresh your memory:
I personally think condos are of a much greater value to society than a bike shop ever can be
"I personally think condos are of a much greater value to society than a bike shop ever can be"
That is my personal OPINION, just as I have an opinion that hurricanes are preferable to tornadoes. That has nothing to do with the legal doctrine of eminent domain which I find to be both ridiculous as well as un-American.
Jerry Colangelo is damn murderous thief.
It just torques me when stupid, blind, infantile Christians tout him as a "Christian" business leader.
The property owner can price his property as he chooses for whatever reasons he chooses. You can meet the price or not, and that IS reasonable regardless of your plans. That's freedom, that's property rights and that's Just.