Posted on 05/23/2006 10:45:16 PM PDT by NormsRevenge
A San Francisco suburb voted Tuesday night to use the power or eminent domain to keep Wal-Mart Stores Inc. off a piece of city land after hearing from dozens of residents who accused the big-box retailer of engaging in scare tactics to force its way into the bedroom community.
The overflow crowd that packed into the tiny Hercules City Hall cheered after the five-person City Council voted unanimously to use the unusual tactic to seize the 17 acres where Wal-Mart intended to build a shopping complex.
"The citizens have spoken. No to Wal-Mart," said Kofi Mensah, who has lived in Hercules for more than two decades and said he values the city's authentic feel.
Attorneys from Wal-Mart told the council that the retailer had spent close to $1 million to redesign the property to the community's liking. They said the council couldn't claim it was legally necessary to take the land and that the decision set a bad precedent.
"Today it may be Wal-Mart but the question is where does it end," Wal-Mart attorney Edward G. Burg said.
City officials countered that buying the land was acceptable to ensure it was developed to the community's liking and fit in with overall plans for the city.
Opponents worried that Wal-Mart would drive local retailers out of business, tie up traffic and wreck the small-town flavor of this city of 24,000.
Wal-Mart spokesman Kevin Loscotoff said after the hearing that the company had not decided how to proceed with its plans in light of the decision.
Wal-Mart's initial proposal for a 142,000-square foot store near Hercules' San Pablo Bay waterfront was rejected by the City Council. So the company submitted a scaled-down plan that included a pedestrian plaza, two outdoor eating areas and other small shops, including a pharmacy.
Hercules said no again, and opponents began raising the possibility of eminent domain, a legal tactic where government agencies can take land from its owners for the public good.
Cities sometimes use eminent domain to build roads or redevelop properties, but the owners must be paid fair market value for their land.
The U.S. Supreme Court ruled last year that such seizures are allowable if the construction raises the tax base and benefits the entire community.
Some residents and Hercules city officials say the land, which is currently open space, would be better suited for upscale stores that attract affluent shoppers and give the suburb a classy touch.
Officials say using eminent domain is a new tactic in a fight that's occurred elsewhere. Communities across the country have kept Wal-Mart out by imposing size caps for businesses and laws that set high minimum pay rates.
Jeri Wilgus, 47, said she was proud of the council for standing up to Wal-Mart and said the town could show others how to fight back against big corporations.
"We are setting an example for the rest of the country," she said.
A handful of residents said Wal-Mart could provide a much-needed place to purchase inexpensive goods, particularly for residents who can't drive out of town.
"I know I can go there and get a fair price for a good product," said Glenna Phillips, who has lived in Hercules for 26 years.
Onward Socialist Soldiers.
Wal-Mart will simply go to the next small town over, and give *them* the tax revenue.
The funny part is that since everyone in this town will go to that Wal-Mart anyway, this little Wal-Martless town will lose businesses, taxes, and all the associated revenue. Ooops.
"Hercules, hercules, hercules!"
That is something my "Aunt-in-law once removed", recently transplanted from California to Knoxville, TN commented on was how convenient it was to have fast food and Wal Mart within her new neighborhood.
No new news here......move along...
"The U.S. Supreme Court ruled last year that such seizures are allowable if the construction raises the tax base and benefits the entire community.
Some residents and Hercules city officials say the land, which is currently open space, would be better suited for upscale stores that attract affluent shoppers and give the suburb a classy touch. "
I doubt the city will put the land to a use that will generate more tax revenue than Walmart, so I guess the Supreme court will now have to rule that creating a "classy touch" is a public use.
I saw this on the internet:
"Contra Costa Interfaith Sponsoring Committee (CCISCO) and its youth organizing team blocked an effort by Wal-Mart to open a new store in Hercules."
I still fail to see how Walmart is a detriment to one's religious faith so obviously there is something I'm missing here. It's not like Wal-mart has lapdancers.
A socialist definition that has a Hillary Clinton ring to it. Eminent domain is a power of the government; a year ago, I wouldn't have characterized it as a legal tactic. And eminent domain is for public use or public purpose, not the "public good."
How dare Wal-Mart force their way into peoples' bedrooms!
I remember 35 years ago in Livermore Ca. the only Hardware store (Ace) was very small and it tried to keep out an Orchard supply from comming in to a closed supermarket, I heard that the owners of the (Ace) had influenced the decision of the Livermore City Govt. and they said that the closed Grocery store did not meet Fire Code for a hardware store. ( It had concrete walls and a Metal roof!!) well now there is an Orchard, and a Wallmart, and a Home Depot...and the little Ace store is long out of Business... are you sad?? I'm Not..those greedy price gougers took full avantage of their little ( Monopoly) a small plastic bag with 4 tiny screws was $1.29
back then...it doesnt even cost that much Today!!!
Wages? dont make me laugh..that Ace didnt pay any high wages. and it was mostly Family. there are Hundreds of Employees in the other stores and the prices are way better. tell me again why thats bad for me??
Now the Town of Hercules will have to pay for the land, still have nothing, and no jobs. thats why small towns stay small.... they said no at first, and then made demands that Wall Mart met and then backed out?? they will be lucky
if they dont have to remburse Wall Mart for all the development expenses.
Growth is inevitable, People need places to live and places to shop. and Taxes will go up in Hercules and the
property owners will pay all of it, or share the burden with Business.
it's that simple.
Is it still a suburb if it is across the bay?
It's more like a suburb of Oakland.
Those socialist B#stards
Somehow it winds up being all Republican's fault.
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