Posted on 05/23/2002 4:31:24 AM PDT by chambley1
Eminent domain powers invoked
Arlington County Manager Rod Carlee threatened the owners of a 465-unit apartment building with the use of eminent domain if the owners did not sell the property to a development organization specializing in low-income housing.
"The importance to the County of [the Gates of Arlington] cannot be underestimated and to that end I am prepared to consider the use of the County's power of eminent domain to acquire the property," Mr. Carlee, a Democrat, wrote in a May 14, 2002, letter to the Texas-based Hall Financial Group.
Eminent domain is the power of the government to take private property for public use with compensation for the owner.
Rick Bridges, assistant county manager for public affairs, said the letter was not a threat, but simply outlined for the owners all the county's options as it tried to obtain the property.
"It is a tool in the toolbox," Mr. Bridges said. "We have rarely used it in Arlington. This is certainly an area where it would be appropriate."
The Gates of Arlington, a two-story apartment building in the Buckingham section of the county, has been on the market for several months. Last week the Arlington County Board allocated $500,000 to the Arlington Housing Corporation Inc. (AHC) — a private, nonprofit developer of low- and moderate-income housing — to acquire the complex from Hall Financial Group for about $35 million.
The county is hoping to finalize the deal this week and have a closing date of late June or early July.
In his May 14 letter to the Hall Financial Group, Mr. Carlee said the county was joining forces with AHC in order to preserve a vibrant, multicultural community and critically needed affordable housing. While other groups have approached Hall Financial about the Arlington property, Mr. Carlee said that the AHC plan was "superior" and that was why the county was working with them.
"AHC provided a specific and clearly superior plan to ensure that [the county's objectives of continued low-to-moderate income housing] are successfully met," Mr. Carlee wrote.
Charles Rinker, a member of the Arlington County Housing Commission, defended the board's actions, saying affordable housing was the No.1 crisis facing the county.
"The United Way has listed affordable housing as the major crisis in Arlington County," Mr. Rinker said. "It seems wherever affordable housing gets torn down, nothing gets rebuilt affordable housing is an important public purpose where eminent domain could be used."
Board Chairman Chris Zimmerman said, "I personally have supported [eminent domain] when we needed it for schools or sidewalks. It is a tool that could be used, and I would not hesitate to do that [in this case], but that was not necessary."
Mark Blocher, director of corporate communications for the Hall Financial Group, said it is company policy not to discuss any transactions until the sale is complete.
Some Arlington residents question whether officials are stepping over the line.
"This is the most grotesque overuse of municipal power that I have ever heard of," said Mike Lane, a former County Board member. "What is it that the county is trying to accomplish that they have to steal a private landowner's property?"
John Antonelli, another member of the Arlington County Housing Commission, said these actions were an ominous precedent.
"I think its very scary that when the county says it wants something, it can just come in and take it," he said. "Moreover, it's a more expensive and insufficient use of county funds."
Arlington County Board
2100 Clarendon Blvd, Suite 300
(Courthouse Metro) Arlington, VA 22201
703-228-3130
703-228-7430 (FAX)
E-mail: countyboard@co.arlington.va.us
Is there a more specific definition to 'vibrant, multicultural community'? It makes me think of people playing boomboxes mingling with conservatively-dressed retirees on a dirty, tree-lined street, foul-smells of 'exotic' cuisine, midnight basketball and week-old garbage on other peoples driveways, Tonton Macoute-like police explaning the just-burglarized 'affluents' that it would be a thought-crime to identify the perpetrators by their race or ethnicity in the police report while town council meets to officially endorse the boycott on Korean-owned groceries who refuse to hire illegal (sorry, undocumented) aliens with criminal records.
Is this what they are talking about when the say 'multicultural vibration'?
"The importance to the County of [the Gates of Arlington] cannot be underestimated and to that end I am prepared to consider the use of the County's power of eminent domain to acquire the property," Mr. Carlee, a Democrat,Its political affiliation was pretty much a given.
-Eric
We must all stop the abuse of eminent domain! He also says for a "sidewalk", There would be Hell to pay if someone tried to take my land for a sidewalk! Course they are trying to take it to "protect a view-shed"! And Hell is being paid! LOL LOL
Owl_Eagle
”Guns Before Butter.”
They probably don't reliably vote Democrat. Hence, not part of the public good.
2100 Clarendon Blvd, Suite 300
(Courthouse Metro) Arlington, VA 22201
703-228-3130
703-228-7430 (FAX)
E-mail: countyboard@co.arlington.va.us
Chris Zimmerman:
I do not at all think that the Constitution of the United States said a bloody word about using eminent domain for "affordable housing"! As a matter of fact, this is what it says in case you need reminding:
"To exercise exclusive legislation in all cases whatsoever, over such District (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings;--And ..." [ Article I, sec. 8 ].
I don't think stealing private property from one owner to give to another owner is what this meant, nor do I feel "affordable housing" or a "sidewalk" comes anywhere near a fort or an arsenal and furthermore I feel this is a blatant abuse of the power of eminent domain!
Sincerely,
Sheila Davis
address and info was submitted.
- Businesses relocate, bringing down the demand and price of housing.
- Wages go up to retain people, making more housing 'affordable'.
- The demand and price for affordable housing becomes so great that it's profitable to build.
- Businesses build or buy their own if they can't wait for this kind of natural equilibrium.
Here's a compromise. If the political inertia for affordable housing is so great, give them one and only one option: tax credits for the builders, providers and occupants. That'll open it up in a heartbeat while reducing the size of government. Politicians and bureaucrats are then forced to publicly make a choice, either give the people affordable housing or keep up the current level of government funding.
"What's most important to you Mr. Congressman? Come on, don’t' be shy!"
The Arlington County Council refuses to recite the Pledge of Allegiance when it meets. I'll be happy to move out of the county in two years. It is overcrowded, overpriced, and full of liberals.
I think most efforts to ensure affordable housing are destructive, but I don't think eminent domain is unconstitutional. It looks like the authors left it up to our elected representative to decide what was 'needful building'. And you're grossly misrepresenting it if you call it stealing and fail to mention that they're paid a fair market price, or at least supposed to be.
Example a home is for sale in your neighborhood...doesn't matter what kind of neighborhood...could be Beverly Hill if they choose. HUD will come in and buy your home at your price and there is not a damn thing you can do about it.
They then turn around and sell it to a low income qualifing family for a price that they can afford...now using Beverly Hills is an extreme example, but if you live in a neighborhood of 150k to 300k homes you are a ripe target
Plus from one that has done a tremendous amount of studying about land and how the government works concerning it, the "other needful buildings" was intended for emergencies, such as in war time and disasters, and once the need was over, the lands were to go back to the original owners. This way the government was self-limiting as it is supposed to be. Now I know that has all changed, and we are all part of the problem when we set back and allow abuses of eminent domain. Take for example taking private property for a dang minor league baseball stadium! Or for a strip mall!
Stealing it may sound harsh to you, but how would you feel if your private land was taken away from you and the ones that had done it had already seen that you were not going to get the price you could have? Say several thousand $$ less, would you not feel cheated? Would you not feel something had been stolen from you?
Kathryn Hall was appointed Ambassador to Austria by Clinton.
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