Eminent Domian legislation

September 19th, 2006 at 10:06 am (Eminent Domain)

September 15, 2006
Senate has Fourteen days to pass eminent domain legislation
From the Institute for Justice.:

Last week, Senator James Inhofe introduced S. 3873, the “Private Property Rights Protection Act of 2006.” This bill is identical to the House of Representatives’ terrific eminent domain reform bill, H.R. 4128, which has been stuck in the Senate Judiciary Committee since it passed the House last November by an overwhelming majority of 376-38. S. 3873 - which is now the vehicle for eminent domain reform in Congress - will go straight to the floor of the Senate, bypassing the hold-ups other eminent domain bills are encountering in the Senate. However, Senate Majority Leader Bill Frist will not put eminent domain reform on the Senate’s agenda, effectively prohibiting the Senate from voting on this bill!

There are only 15 DAYS LEFT (now it’s more like 14 days) before the Senate adjourns. It is more important than ever that you make your voices heard. Call Senator Frist NOW and ask him to put S. 3873, federal eminent domain reform, on the Senate’s agenda and allow a vote. Explain that the American people are strongly opposed to the abuse of eminent domain, both politically and morally - and this opposition will only continue to grow. Then contact your own two senators and urge them to support S. 3873. You can find their phone numbers at the end of this e-mail. If you have the time, we also encourage you to send an e-mail to Frist and your senators by clicking on the following link: https://action.popuvox.com/default.aspx?actionID=286.

Shortcut to link:

http://www.nolandgrab.org/archives/eminent_domain/index.html

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Vandalism

February 22nd, 2006 at 10:15 am (Eminent Domain)

ALERT!!! HELP? There has been a great deal of vandalism in the neighborhood. Windows have been broken, items taken from vacant houses, light fixtures destroyed, etc. Some of the vandals have been caught by the police. However, the vandalism is still occurring. Last night many of the houses were spray painted. It is obvious from the message left in paint on the houses, that they feel they are retaliating against OSU.

This is NOT the case. First of all, OSU doesn’t want to be in the business of selling houses. The price they are getting on these properties is minimal in the eyes of OSU. Simply demolishing and clearing lots would be much more to the expedience of implementing OSU’s plans, which we know is a priority.

This vandalism is another “slap in the face” to property owners in the area. Houses that have signs stating they are to be moved/sold are houses that have been purchased from OSU already, by one individual. He is moving the houses to another area of Stillwater and renovating them to provide low cost housing and to keep these properties on Stillwater’s tax roll. Some are being moved to another location in Stillwater by the previous owner of the property, and some by individuals who will move & renovate properties for rental.

I do NOT feel that anyone who visits this site would be a part of such action. However, if anyone out there hears information that might help to stop the vandalism, PLEASE contact the proper authorities. Let’s try to get the word out that this vandalism is NOT hurting OSU, but it is again hurting those who have owned property in the area, and some good individuals who are trying to make the best of a bad situation and help the community.

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ML Chapal said

January 26th, 2006 at 10:32 am (Eminent Domain)

January 22 Sunday’s Oklahoman page 4 What’s the Legislature planning? SBl066 by Sen. Earl Garrison, D. Muskogee, would prohibit state and local governments from taking people’s private property for private use. The measure indicates a public entity would not have the power to acquire property by eminent domain for a purpose that is soley economic development.

I cannot get a link to the website from the Oklahoman because I am not a subscriber. Sorry.

2 Comments

  1. Lee Agnew said,

    January 26, 2006 at 11:34 am

    The text of the bill is available on line at:

    http://webserver1.lsb.state.ok.us/2005-06SB/SB1066_int.rtf

  2. Leonard G. Herron III said,

    January 27, 2006 at 10:22 am

    SB1066 deals largely with changes to O.S. Title 11 which is Municipalities (Cities and Towns) it may or may not apply to OSU and schools. A search of the Oklahoma Legislative Service Bureau’s web site for text of measures yields about 39 measures. To view the text of these go to http://www.lsb.state.ok.us then go down to the center column, LEGISLATIVE INFORMATION SYSTEM, then down to Search Text of Measures and click on it, then type in eminent domain and do a search. You can then click on the individual measures and open, read or print. There is a lot more in the Senate than in the House.

    Leonard G. Herron III

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Florida Eminent Domain

December 3rd, 2005 at 2:26 pm (Eminent Domain)

Excerpts from a few of the articles on the Florida Eminent Domain case

Riviera Beach, Fla., wants to displace about 6,000 of its residents and raze their homes to build a yachting and residential complex.

“What they mean is that the view I have is too good for me, and should go to some millionaire,” said Martha Babson, 60, a house painter who lives near the Intracoastal Waterway.

- An Eminent Domain High Tide, John-Thor Dahlburg, Times Staff Writer,
    Los Angeles Times, Nov 29, 2005

 

Around the nation, there are thousands of ordinary citizens whose lives have been touched — and sometimes destroyed — by takings. For decades, the takings locomotive was fueled by urban renewal policies, now known by the more delicate term “urban revitalization”.

- How Eminent Domain Ran Amok, Carla T. Main,
    Hoover Institution, Policy Review, Oct 2005

 

Now that we’ve been schooled in the fact that state level eminent domain issues will not be addressed by the Federal Supreme Court, but are matters of the state legislative branch, do you think we’ll now see the citizens of Florida stand up for their neighbors who are at risk of being pushed aside? For those of us in other states who have no say in the impending actions at Riviera Beach, Florida, this will be a lesson in how much one state’s citizens care enough to prevent land-robbery in their state.

- Apathy Watch: Florida Case, Valhall, Oct 3, 2005

 

Mr. Frederiksen said people with yachts need a place to keep and service them. “And we want to develop a charter school for development of marine trades.”

- Florida city considers eminent domain, Joyce Howard Price,
    The Washington Times, Oct 3, 2005

1 Comment

  1. Tohan said,

    March 4, 2006 at 2:41 am

    There are some good news
    http://www.orlandosentinel.com/news/local/volusia/orl-vdomain0306mar03,0,5736381.story?coll=orl-news-headlines-
    Also there is legislation in the Congress.Write to your Senator and Congressmen.
    It will take 5 minutes. You will make a difference.

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CINNABAR: Who are they?

November 22nd, 2005 at 10:48 am (Eminent Domain)

CINNABAR: Who are they. Some articles, etc. that you might enjoy “investigating.”
There may be a connection between Gary and Parmalee from Tulsa. This is where Gary came from. Hummmm…..

OSU to make property offers by March: http://www.ocolly.com/read_story.php?a_id=28593

TULSA AIRPORT
Our Tulsa World - Entries from Sunday, September 25. 2005: http://tulsaworld.cc/cblog/archives/2005/09/25.html

BatesLine: A different airport mess : www.batesline.com/archives/000567.html

Another on airport noise: http://www.batesline.com/archives/001820.html

TULSA INTERNATIONAL AIRPORT PART 150 PROGRAM: http://www.tulsaworld.cc/taitpart150.html

Airport noise: http://www.airportbusiness.com/article/article.jsp?id=4293&siteSection=4

BatesLine: Cinnabar loses noise abatement extension: www.batesline.com/archives/001920.html

OTHER ACQUISITION PROJECTS
BatesLine: More public money awarded to the folks behind the “private” toll bridge http://www.tulsaworld.cc/taitpart150.html

BatesLine: More public money awarded to the folks behind the “private” toll bridge:http://www.batesline.com/archives/001820.html

Check with the City of Fayetteville, they may have something to say about Cinnabar see this site.
www.accessfayetteville.org/pdfs/download.php/ Final%20results%20090605.pdf?asset_id=4245&revision=

Land & Right of Way Acquisition: http://www.cinnabar.cc/rowacq.htm

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How Eminent Domain Works

November 21st, 2005 at 5:01 pm (Eminent Domain)

Traditional eminent domain process:
1. Notice sent of intent to acquire
2. Appraisal made
3. Negotiations with property owner
4. If the two sides cannot agree, the government entity files for eminet domain in court
5. Court appoints three individuals to appraise property
6. Amount equaling their determination of value is deposited with the court
7. Either side can request a jury trial.

2 Comments

  1. Donna Lautzenhiser said,

    November 30, 2005 at 11:47 am

    Eminent domain is suppose to be used for the good of all (ie. roads, railroads, etc.). It is not intended to be used for the advancement of the greedy, private enterprize (ie. office buildings, shopping malls, athletic organizations). It is absolutely WRONG to take homes away from people who own the properties and/or expected to live out their lives in their homes to build another athletic facility. OSU has extensions all over the state. Surely, another location can be found for this “Expansion”. As a graduate of OSU, I am ashamed of the actions taken by the university and will never again support OSU if they continue with this action.

  2. Dr. Ted Douglas said,

    November 30, 2005 at 1:50 pm

    You should put a 6A in there: After depositing the funds into the court clerk’s account, the property becomes the University’s. So while the jury trial is ongoing, all that they are really arguing about it the amount to pay. The house will be gone, because that’s the way the law is written.

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University Expansion & Eminent Domain

November 18th, 2005 at 7:01 pm (Eminent Domain)

There is an interesting article by Emily Schwarz that discusses expansion plans at Columbia, Harvard and University of Pennsylvania.

“I found that the expansion project enjoying the best community relations was the University of Pennsylvania’s redevelopment of the 40th Street Corridor. Penn’s development process went relatively smoothly because it did not take any action without consulting its community. This is not to say that Penn has acted perfectly, but the main setbacks that Columbia and Harvard have faced were the result of secrecy. In the long run, being open pays off.”

Emily Schwarz, “University Expansion and Eminent Domain,” Planetizen - The Planning and Development Network

4 Comments

  1. Lynda Halley said,

    November 19, 2005 at 11:22 am

    CURRENT NEWS!

    Right now, the “Private Property Rights Protection Act of 2005″ is being considered by the U.S. Congress. The bill — H.R. 4128 — was introduced in the House on October 25, 2005, by Sensenbrenner and after a couple of edits was passed by the House on November 3rd.

    The Senate introduced the bill on November 4th.

    You can read the bill and see its most-recent version at:

    http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.4128:

    Now, before we get too excited, this bill primarily addresses the use/abuse of eminent domain for ecomomic development — not our situation, of course. But, as Richard Eggerman stated in the NewsPress last week, “I wonder how we will regard use of eminent domain so that a state university’s athletic facilities can expand.”

  2. Interested party said,

    November 19, 2005 at 2:08 pm

    I am a licensed architect and have worked for architectural firms in Oklahoma, Connecticut, New York and Colorado, and for a city planning dept in Texas. The architecture school I attended emphasized that communication is the first step in any project. City planning projects always started with community meetings and sometimes included talking with residents at their homes in order to proactively get their input.

    The process adopted for this expansion of Oklahoma State has sown bad feelings in a community that has been overwhelmingly supportive of the University. The planners have also failed to take advantage of the residents’ great wealth of knowledge and experience.

  3. Anonymous said,

    November 21, 2005 at 2:24 am

    Here is an excellent resource: Citizens Fighting Eminent Domain Abuse at…

    http://www.castlecoalition.org/resources/index.asp

    It is here, under “Current State Legislation” that you will find we have three Oklahoma State Legislators that have set up a task force to fight eminent domain.

    State Senator Clark Jolley, R-Edmond, and Tulsa Representatives Mark Liotta (R) and Pam Peterson (R) announced the formation of the task force in July, 2005. They plan on introducing legislation for the 2006 session. In announcing the creation of the task force, Sen. Jolley said, “I’m so pleased to bring together many of those legislators who have a desire to study and jointly introduce legislation in both the Senate and House to protect Oklahomans from the potential harm which abuse of eminent domain represents.”

    Although again, their focus seems to be directed toward protecting private property from seizure for private economic development, they state “We’re afraid that the ruling [by the Supreme Court] could threaten more than home ownership; issues like water and mineral rights as well as any other rights dealing with real property could be affected. We want to make sure that our citizens and everything they work hard for is protected.”

    The full press releases (2) can be found at:
    http://www.oksenate.gov/news/press_releases/press_releases_2005/pr20050705.html

    http://www.oksenate.gov/news/press_releases/press_releases_2005/pr20050627.html

    I will add a comment to the Contacts > State Government section of this forum and list all persons connected with this task force and their contact information.

  4. Marion Agnew said,

    December 3, 2005 at 12:41 pm

    Relating to Eminent Domain:

    This letter was sent to Senator Clark Jolley and another, with a covering note, to Senator Morgan.

    Dear Senator Jolley:

    Would your Task Force fighting the recent re-definition of eminent domain please consider OSU’s recent plan for acquiring land in Stillwater in pursuit of an athletics village (http://osu.okstate.edu/cmp/)?

    First, OSU claims that it’s now a “state-assisted” institution, not a “state-supported” institution (http://www.osuf.org/faq.htm) because “state dollars currently provide less than half of OSU’s funding needs.” If this is true, then how does it have the legal right to use eminent domain to claim private property?

    Second, part of OSU’s argument in favor of the expansion is the economic growth that a better athletics facility will bring to Stillwater (http://osu.okstate.edu/news/masterplan_shutt.htm). Claiming economic development puts this acquisition squarely into the category of abuse your task force is fighting. Also, because the property would be used for athletics facilities, not actual educational programs, the public doesn’t benefit from the expansion. Although better public education does generally benefit everyone in the entire state, this acquisition won’t improve education at OSU.

    Third, although OSU claims that exercising its right eminent domain is a last resort in this acquisition, its first announcement of this plan threatened its use. Once the term is mentioned in conjunction with a plan, the concepts of “fair market value” and “adequate compensation” become meaningless. Therefore, if OSU is successful in acquiring these lands, they have cheated private companies of the opportunity to develop enterprises. Private companies interested in purchasing the land for development can’t compete with the rock-bottom prices OSU can get when it lets the phrase “eminent domain” slip out.

    Fourth, their plan to acquire property targets elderly and low-income residents, many of them OSU students who can’t afford university housing or the gentrified rental properties – which are also farther away from the university.

    Please look into OSU’s actions in this matter and let them know that their threats of eminent domain are the kind of abuse that you want to stop. I am also alerting Senator Morgan to this issue — it’s the kind of threat to the business community and Stillwater residents that should unite statesmen on both sides of the aisle.

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Concerned Citizens

November 18th, 2005 at 5:44 pm (Eminent Domain)

I have heard from a few concerned citizens and am starting this thread for their comments.

2 Comments

  1. Anon said,

    November 18, 2005 at 6:40 pm

    Eminent Domain cannot be exercised if there is other land suitable and available to be used, according to my understanding. If this is correct, I challenge OSU to prove that the Athletic Village could not run East/West. Nearly all the property from the Stadium, west to Blackwell Lake is titled to Oklahoma State. And, yes, OSU already has a few “developed” properties on that land, such as the track and the women’s soccer field.

    However, I have not seen any hesitation in tearing down other facilities to make room for something else, or to improve their effectiveness. Examples: Kerr-Drummond, Wilhem dorms, the proposed moving of the baseball stadium and the proposed tearing down the journalism “because it is ugly” (quote from leader of Nov. 10. meeting).

  2. Trude Coonrad Naff said,

    November 18, 2005 at 8:36 pm

    Anon has raised some good points, and potentially valid arguments. Again, I hope that the property owners will think things through and provide the “powers-that-be” with some valid, reasonable, and substantive options to consider, as Anon has suggested.

    My father was a professor in the school of business for more than 30 years, and was a consultant for a number of companies around the state for many of those years. His advice to those companies and to me when dealing with the establishment was, if there is a problem, don’t just identify the problem, but follow up with one or more solutions.

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