Family to lose home by eminent domain for Costco store

Boortz online ^ | September 12, 2003 | Neal Boortz

[tdadams]

YOU FOLKS HAD BETTER BE PAYING ATTENTION TO THIS

I'm going to revisit the eminent domain issue again for a few minutes here so that I can share with you an incredible display of arrogance from an elected official.

As you know, I've been talking about a situation in Alabaster, Alabama where the city council of this community of 24,000 is trying to seize the property of about ten homeowners so that a shopping center featuring a Wal-Mart can be built there. The politicians say that it is perfectly OK to condemn and seize this property for a privately owned shopping center because, after all, the shopping center will generate more tax money than these private homes do.

We are seeing the evolution of a new standard for government seizure of private property. Its very simple. If some politician decides that your property would generate more tax revenue for government if it was owned by someone else, the politician can seize that property from you and turn it over to the government-preferred owner.

For our example of obscene government arrogance we turn our attention to Duncanville, Texas. Duncanville calls itself "A warm community of friends," and "A wonderful place to raise a family." Well, Duncanville may be a wonderful place to raise your family, just so long as some politician doesn't decide that the city could get more tax revenue if your home were to become a Costco.

Deborah Hodge has been living in her Duncanville home for 13 years. The Hodge property has a four bedroom house, a bar, pasture and swimming pool. It has been a family gathering place for over a decade. Just like the city motto says, "A wonderful place to raise your family."

A few months ago the city told Deborah to sell her property. They didn't ask her if she wanted to sell. They told her that she would sell. She would either sell, or they would just take it. The city, you see, wants a Costco store to be built on her land. The Costco would, after all, generate a lot more tax revenue than her little house and barn. So ... Duncanville is using its right of eminent domain to seize the property.

Now ... listen to this. These are the words of Duncanville city manager Kent Cagle. This is what Kent Cagle thinks about private property rights in America. Cagle told the Dallas Morning News "They don't have the option to say no to us. We have made it clear we want that property. The only thing that will be settled in court is how much we have to pay for it."

There is no freedom without property rights. What is it going to take to get Americans upset about this latest craze in local government revenue raising. You just identify the properties that could produce more taxes, seize those properties, and turn them over to developers.

[tdadams]

Boortz hasn't told the entire story, it seems.

The story you posted is from Alabama. This story is in Texas. Read again.

[Petronski]

Are you comparing industrialized human extermination with compensated governmental takings of land?

[coloradan]

My wages are an exchange of my labor for money. Capital gains are an exchange ... make that two exchanges, end of story.

[Rain-maker]

Pave it all, and make the whole state a parking lot.

Then see how many taxes the collect.

[ScrtAccess]

Nope, simply saying if you replace the words with some of the current events, it makes a compelling case to stand up and be heard instead of sitting back and not doing anything about the things we see that we believe are wrong.

I figured you all were smart enought to change the words and understand the basic meaning.

[triplejake]

Costco is hardly the only private entity to profit from this sort of eminent domain landgrab. That's how 43 made his fortune:

http://www.bizjournals.com/dallas/stories/2000/06/26/editorial3.html

[Flyer]

Duncanville officials argue the prospect of a Costco is a godsend for the rest of the city and its tax base. Mr. Cagle said the store would sit on 15 to 20 acres and bring in $1.9 million in annual property and sales tax revenue.

The city could recoup it's investment - at her asking price - in one year. Not a bad deal. Source

[al_c]

I'm in my third house. Average time in the first two was just over 2 years.

Ooops ... I'd better start packing, I've been in this one for 2 1/2. Don't wanna mess up my average. ;o)

[CaptIsaacDavis]

The culture of totalitarianism is spreading more rapidly at LOCAL government levels than it is at the Federal level (which is bad enough). For every story of an abuse of power by Congressmen or the Justice Department, one can find hundreds of stories of dictatorial actions by local police and administrators. The struggle we face is broader than simply one of us vs. the Feds: it is truly a civil war. A war in which the stakes are nothing less than the survival or extermination of the American nation-state and the principles of liberty that IT ALONE has given to the world and has the WILL to defend.

[GummyIII]

While Costco could end this one scenario by deciding to find land elsewhere, the real problem lies with the government. If it's not Costco, it will be something else. Obviously, tax dollars speak to those in power. The whole town should be up in arms over this.

[tdadams]

Mr. Cagle's explanation is good to hear. It presents another side of the story. However, no amount of sophistry or context changes the fact that the property owner doesn't want to sell and the state is going to take their property anyway to turn it over to a commercial owner. That is against the law. Period. End of story.

Mr. Cagle is right that the property value will go down. He's right that they're stupid to turn down $653,000. He's right that maybe they were looking to sell anyway.

That all makes for a persuasive argument, sure enough, but not a bit of it matters. It's the homeowner's decision to make.

[Mulder]

The city offered her almost $700,000 for a home valued at $400,000. The homeowner claims that the offer was not made. The offer now is $223,000.

If they're only willing to pay her half what the house is worth, they need to be arrested on criminal charges of violating her civil Rights.

[al_c]

The reporter said she did not understand condemnation and I explained the process to her. That is how she came up with the “they don’t have the option to say no” quote.

Typical for Dallas Morning News reporters.

[Tares]

When was this woman's land zoned commercial? Retail Commercial? Mixed Use? Was her land zoned that way when she bought it? If so, she's an idiot.

The current zoning is irrelevant. After the local gov't takes ownership by condemnation, they change the zoning and turn the property over to the developer. The zoning change is part of the deal, the developer will not buy the property without the zoning change.

[Leatherneck_MT]

Amen

[Leatherneck_MT]

Who the hell cares how much they offered. It's not THEIRS to sell.

[spodefly]

VERY Important info. Thanks for that follow up. Seems that anyone anywhere is potentially a victim of reporters reporting less than the whole story.

[HurkinMcGurkin]

My wages are an exchange of my labor for money. Capital gains are an exchange ... make that two exchanges, end of story.

I totally agree. There is no such thing as "income". There is no legitimate power to tax earnings(steal money).

[auboy]

Make an example of Duncanville city manager Kent Cagle. Hang his sorry neck in the town square asap. But not before every media outlet in the land has their satellites ready to upload the live feed.

Message: All you greedy little local politicians better watch your step.

[HurkinMcGurkin]

The story you posted is from Alabama. This story is in Texas. Read again.

After I made that post, I realized Boortz mentioned a case in Texas and a case in Alabama.