Wednesday, January 31, 2007

City of Fort Wayne steals private property again (Southtown Mall was the first) for economy development without just compensation

AARP is deeply concerned with the preservation of home equity, the availability of affordable,safe, decent and stable housing and the elimination of discrimination in housing.


AARP is deeply committed to ensuring that its members are not forced out of their homes and communities except as a means to remove blight or for a needed traditional purpose use and to ensuring that when such displacement occur that older homeowners receive compensation that recognizes the unique cost of their dislocations.


In the summary, of a Kelo's amicus brief, the attorneys representing AARP and other groups argued that Connecticut constitution does not support the government taking private property from one owner and giving it to another private property owner for mere economic development. The Constitution requires a true taking, if not it can be dangerous and will disproportionally harm racial, ethnic minorities, elderly and economically underprivileged.

To allow government to take property through eminent domain for economic development purposes, would in essence eliminate judicial review, a check on the overreaching by government on citizens private property protections on such takings from the overbearing elites.

It is no accident according to former Attorney General of Minnesota in Downtown, Inc. Negro Removal is not just a thing of the past. During the 1960s whole communities of African-Americans were bulldozed from their homes, and under- compensated for their homes. In Alleging Race-Based Condemnation, African-Americans are targeted for such removal.

Statics suppose that the taking of property impact certain groups, specially the elderly, Hispanic and African-Americans. The reason why government target such groups because more than likely these groups are the weakest politically and lack the resources to fight in the court system that is dominated by folks who do not look like them. In addition, the government reaps a much larger windfall from an area that it has depressed and sell at a higher market value.

The city select the area and secretly goes in an offer compensation only for the value that a home would sell for in that area, but fail to include the trapped value in which they are aware when purchasing the property. If home owners are not adequately compensated for the cost of a similar home in a different area, during this secret process, many will be unable to afford to purchase homes in the higher priced neighborhoods. For families displaced, their ability to transfer their wealth to their children have been transferred to elite families. They hurry and moved into these areas in anticipate of the City's planned scheme of things.

The City purchased the property and now is selling land to the Wizard owners, a more refined taking of property for an economic development. The City is hiding under the debate of whether or not to build a hotel and stadium. The City is not answering when they got authority to use taxpayers dollars to enter the real estate business with their tax dollars.

No wonder Hardball is only paying $5 million, this is not their idea. The City says I have some land for you dirt cheap (no pun intended).


Indiana law blog writes about urban renewal today, too.

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