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NEW YORK OFFICIALS MOVE TO SEIZE WWII VETíS PROPERTY Ė AND WITH TAXPAYER DOLLARS
theblaze.com ^ | january 21, 2014 | becket adams

Posted on 01/21/2014 10:25:32 AM PST by lowbridge

World War II veteran Frank Whitney is fighting taxpayer-funded attempts by a New York village to seize his private property.

Officials in the village of Saltaire on Fire Island, N.Y., are trying to take Whitney’s Saltaire Market grocery using eminent domain so they can build a municipality-owned market, the New York Post reported.

And in an attempt to get their hands on the 88-year-old’s property, which was damaged in 2012 by Superstorm Sandy, village officials may try to raise the $2.5 million needed to buy and refurbish his grocery store by increasing the area’s property taxes.

Whitney said he has means and the money to fix the damaged store, which he has owned and operated for 25 years, but he said Saltaire officials are preventing him from repairing his property.

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


TOPICS: Crime/Corruption; News/Current Events; US: New York
KEYWORDS: eminentdomain; newyork; propertyrights; veteran

1 posted on 01/21/2014 10:25:32 AM PST by lowbridge
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To: lowbridge

The Kelo decision lives on.


2 posted on 01/21/2014 10:34:02 AM PST by andyk (I have sworn...eternal hostility against every form of tyranny over the mind of man.)
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To: lowbridge

He fought, and perhaps bled, for that right.


3 posted on 01/21/2014 10:38:01 AM PST by easternsky
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To: lowbridge

let me see if I have this right..

He owns it.

It was damaged in the storm.

he wants to fix it with his own (and likely his insurance companies) money.

But the government won’t let him. So they are gonna just take it from him and fix it with tax payers money?

defies logic.


4 posted on 01/21/2014 10:38:54 AM PST by cableguymn (It's time for a second political party.)
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To: cableguymn
defies logic

No it doesn't.

It DEFINES tyranny.

5 posted on 01/21/2014 10:40:45 AM PST by INVAR ("Fart for liberty, fart for freedom and fart proudly!" - Benjamin Franklin)
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To: lowbridge

If it’s on Fire Island, it probably doesn’t carry enough variety of condom colors and flavors.


6 posted on 01/21/2014 10:44:14 AM PST by Paladin2
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To: INVAR

Fire Island is a homosexual mecca... at least it was in the Sixties. Would be interesting to find out who the town officials are.


7 posted on 01/21/2014 10:44:47 AM PST by Chickensoup (V)
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To: cableguymn

If they are using is federal dollars to purchase his property then he just needs to contact he the federal OIG that oversees the federal department that issued that money to the City.

The Feds have very strict property acquisition policies which favor the property owner.

If it is local dollars that is different but they place to hook them is if they have ever used federal dollars before then he should be able to claim a unfair practice as the City has to adopt the Fed Policy for property acquisitions.


8 posted on 01/21/2014 10:50:58 AM PST by shotgun
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To: lowbridge

And if you live in a single-family home and can walk to this market, watch out, they’ll be coming after your property next.

After they spend $2.5 million on acquiring this guy’s land, they’ll need to increase the density of the surrounding area to provide the bodies to shop at the municipally-owned market to “re-coup their investment”. As Rush says, “Don’t doubt me on this”.


9 posted on 01/21/2014 10:51:53 AM PST by LSAggie
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To: lowbridge

Thanks, Nino!


10 posted on 01/21/2014 10:59:55 AM PST by jmaroneps37 (Conservatism is truth. Liberalism is lies.)
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To: andyk
The Kelo decision lives on.

If we really wanted Kelo to be reversed it would be absurdly easy:
Have 'projections' which show that seizing the real property of the Supreme Court justices will turn a profit and seize them under Kelo.

Make them lay in the bed they made.

11 posted on 01/21/2014 11:02:08 AM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark

With the present “Just Us” department I see little chance of this ending well.


12 posted on 01/21/2014 11:12:17 AM PST by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: cableguymn

“defies logic.”

When was communism ever logical?


13 posted on 01/21/2014 11:13:26 AM PST by ThomasMore (Islam is the Whore of Babylon!)
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To: LSAggie

It all boils down to “fair market value”. If the village did its homework then they will generate of what they or their appraiser deems an offer of FMV. This is the starting point for negotiations. The owner can then propose their own FMV.

During this time the Village Council can take a legal action which says that they deem the purchase of this property to be in the public’s best interest and vote to initiate ED process. This is not the same as getting an court order but only the beginning of the process especially if the owner has lawyered up.

In the end if it does see the inside of a courtroom typically the judge will split the baby and the city will pay about their original offer plus the half of what the owner wanted.

Although the village must have documented everything in the offer the owner can go in on emotion and sentimental value.

At least that is the way I have always done it.


14 posted on 01/21/2014 11:15:43 AM PST by shotgun
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To: lowbridge
Not much has changed except it appears some of the states have become as grasping and miserable as the feds.

Alvin York’s Experience with the IRS!

We all know the story from the wonderful Gary Cooper film about one of the greatest Christian heroes of WWI (or any era, for that matter). What follows is a partial reprint from a piece which ran in the 1/6/98 issue of The New American magazine and tells – as Paul Harvey would say – the rest of the story: (Start New American piece)

Upon returning to America, Sergeant York was showered with offers of fame and fortune, including a nationwide tour, endorsements, and movie deals. But such was not in York’s character, who claimed “I…felt that to take money like that would be commercializing my uniform and soldering.” York wrote in his diary: “It was very nice, but I sure wanted to get back to my people where I belonged, and the little old mother and the little mountain girl who were waiting. And I wanted to be in the mountains again and get out with hounds, and tree a coon or knock over a red fox. And in the midst of the dinners and receptions I couldn’t help thinking of these things.”

Alvin York went home to his mountains. He made his way to the same mountain where he prayed to God two years earlier for guidance, and there thanked God for bringing him home safely from the war.

In 1927, York established the Alvin C. York Agricultural Institute for the boys and girls of the mountains who had few educational opportunities. By 1937, York was no longer able to operate the school and it became a special part of the Tennessee public school system. In 1941, the story of Alvin York was made into a movie starring Gary Cooper, who won the Academy Award for the role. Alvin York acted as an adviser to the film. In 1952, he suffered a cerebral hemorrhage and became bedridden.

By 1961, Alvin York, one of America’s greatest military heroes, was partially paralyzed, almost blind, and virtually penniless.

THE AMERICAN GOVERNMENT, THROUGH THE INTERNAL REVENUE SERVICE, REPAID ITS DEBT BY SUING YORK FOR BACK TAXES. THE IRS CLAIMED THAT YORK’S ROYALTIES FROM THE MOVIE, MOST OF WHICH HAD GONE TO CHARITY, SHOULD BE TAXED AT A HIGHER RATE THAN YORK HAD USED. IN ALL, THE IRS CLAIMED YORK OWED THE U.S.GOVERNMENT $85,442, PLUS AN ADDITIONAL $87,155 IN INTEREST. THE IRS OFFERED TO SETTLE FOR $25,000 HOWEVER, WHEN IT BECAME APPARENT THAT ALL OF YORK’S ASSETS DID NOT EQUAL THE $172,597 SOUGHT. WHEN THE AMERICAN PUBLIC WAS ALERTED TO SERGEANT YORK’S PLIGHT, INDIVIDUALS CHIPPED IN OVER $50,000 – WHICH COVERED THE DEBT WITH MONEY LEFT OVER FOR A TRUST FUND.” (End of New American excerpt.)

The New American
Box 8040
Appleton, WI 54913-9895

15 posted on 01/21/2014 11:32:33 AM PST by Dick Bachert (Ignorance is NOT BLISS. It is the ROAD TO SERFDOM! We're on a ROAD TRIP!!)
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To: Chickensoup

Are you suggesting they are stealing private property and violating this fella’s rights because he is not a homosexual or an advocate of the homosexual agenda?

It’s still tyranny regardless of whom the town officials have sex with.


16 posted on 01/21/2014 11:53:12 AM PST by INVAR ("Fart for liberty, fart for freedom and fart proudly!" - Benjamin Franklin)
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To: Dick Bachert
WHEN THE AMERICAN PUBLIC WAS ALERTED TO SERGEANT YORK’S PLIGHT, INDIVIDUALS CHIPPED IN OVER $50,000 – WHICH COVERED THE DEBT WITH MONEY LEFT OVER FOR A TRUST FUND.” (End of New American excerpt.)

In the end, the tyrannical demands of the IRS were still met, without resistance.

17 posted on 01/21/2014 11:54:27 AM PST by Sarajevo (Give a man a gun and he can rob a bank, give a man a bank and he can rob the world)
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To: shotgun
At least that is the way I have always done it.

So....just how many pieces of property have you seized by the use of Eminent Domain proceedings? What about "he doesn't want to sell it" don't you understand? Just because the city wants it doesn't meant that they should just be able to take it!

18 posted on 01/21/2014 12:29:27 PM PST by 2nd amendment mama ( www.2asisters.org | Self defense is a basic human right!)
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To: shotgun
Sounds like you “have been there, done that”.

There are a few interesting wrinkles with this one.

…no building plans or architectural drawings of any kind have ever been presented to the village for review,” [the city said].
Officials also said the veteran’s submitted plans for repairs are insufficient or incomplete.

Such a public position by the city, to the extent it is an accurate quote, ought to be worth something in the damage calculation.

Further, it appears the city is intentionally depriving the owner of his right to repair in hopes the city will be able to buy it on the cheap. If so, at the least, the amount of any insurance proceeds the insurer would be obligated to pay - as a result of the policy owner paid for over the years - ought to be included in any assessment made.

19 posted on 01/21/2014 1:04:34 PM PST by frog in a pot (We are all "frogs in a pot" now. How and when will we real Americans jump out?)
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To: Sarajevo
As I said, nothing has changed. If you're as fed up with the abuse as I am, check out the FairTax at www.fairtax.org.

Please do the research before the IRS stooges hit this post with their LIES.

20 posted on 01/21/2014 1:06:19 PM PST by Dick Bachert (Ignorance is NOT BLISS. It is the ROAD TO SERFDOM! We're on a ROAD TRIP!!)
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To: INVAR

No I wasn’t suggesting anything. I thought that it was interesting that the leadership in this mecca of homosexuals did such a thing.


21 posted on 01/21/2014 1:18:50 PM PST by Chickensoup (V)
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To: lowbridge

What does being a vet have to do with it?


22 posted on 01/21/2014 1:29:24 PM PST by ansel12 (Ben Bradlee -- JFK told me that "he was all for people's solving their problems by abortion".)
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To: Chickensoup
I thought that it was interesting that the leadership in this mecca of homosexuals did such a thing.

I have read it said, that many of Himmler's SS were homosexuals and had no problem doing despicable things.

Genesis 19 tells us plainly that a society ruled by such wickedness has no respect for private property whatsoever.

23 posted on 01/21/2014 2:27:49 PM PST by INVAR ("Fart for liberty, fart for freedom and fart proudly!" - Benjamin Franklin)
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To: 2nd amendment mama

None, the elected boards did have to invoke ED but each one was resolved without going the full distance in court. Each owner got more that the original offer but not as much as they wanted.

Only two got that close. Of course we were just trying to re-build/widen and existing public road, which had nothing to do with supporting some fat cat developer. But if you could hear those two property owners even to this day they will tell you how they got screwed by the gubmint.

One of them had the nerve to claim additional property that belonged to an irrigation district and even though we had those deeds he still got paid for it and I was screaming at our attorney that was fraud but he just let it go to end the situation.

And OBTW we still ended up in lawsuits with them for their claim of violating their federal civil rights. They didn’t win those either.


24 posted on 01/21/2014 2:58:30 PM PST by shotgun
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To: frog in a pot

That really is sad and I wish there was a way to help with that. Sounds like the village will end up paying more than their offering if it can be shown they are doing this without any basis of reality...

Here in Washington State you have to show clear public purpose to buy property for anything other than roadway right of way. Even in my right of way purchases and how they were extremely contentious we still couldn’t buy the guy completely out just to make him go away. we could only buy what was necessary to build the road.

Once you invoke ED you can go the judge and get immediate use and possession. They do this to keep the cost to construct the road low as to delay would see those cost go up with inflation waiting for the court to resolve the issues.


25 posted on 01/21/2014 3:06:10 PM PST by shotgun
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To: shotgun

I’m familiar with the eminent domain process.

My point was that the eminent domain process will not stop there. Economic studies have been done and have projected the city will have a multiplicity of riches “If only” they can take this man’s property. When the economic studies fail, as they always do, the city will grab more land to build “up-scale” apartments to shop at the market. Oh, and they will probably give the developer’s tax abatement to build them!


26 posted on 01/21/2014 3:56:59 PM PST by LSAggie
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To: Chickensoup

>> Fire Island is a homosexual mecca...

The entire strip? No, Cherry Grove.

Saltaire is next to Kismet and both are quite a distance from Cherry Grove.


27 posted on 01/21/2014 4:05:19 PM PST by Gene Eric (Don't be a statist!)
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To: lowbridge

Cure for local tyranny when all else fails? Battle of Athens. Start date: Aug 1, 1946
End date: Aug 2, 1946


28 posted on 01/21/2014 4:35:13 PM PST by cva66snipe ((Two Choices left for U.S. One Nation Under GOD or One Nation Under Judgment? Which one say ye?))
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To: Sarajevo

1961: York was screwed by the Democrats under JFK and the IRS.

Nothing has changed except Kennedy has been replaced by Obama, Lerner, and the Financial Gestapo who run the IRS.

This time it is the New York of Cuomo (Mobbed up a little Tony?). Fucking over the patriots, one home at a time.

Just wait till Comrade DeBlasio wants downtown Manhattan for his buddies.


29 posted on 01/21/2014 9:10:13 PM PST by MadMax, the Grinning Reaper
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