Stop Eminent Domain Abuse

As predicted, Dr. David Beito’s op-ed was published at the Tuscaloosa News.  Here’s a sample:

Peera, who had to flee from his native East Africa after Idi Amin expelled its Asian population, does not easily intimidate and is extremely determined to fight property abuse in Alabama. He is trying to mobilize other Montgomery property owners who face the same plight. Through the state’s freedom of information act, he has obtained the names of over several hundred individuals, mostly from minority neighborhoods, who have had their homes summarily demolished under the blight law.

The former owners have related to him a litany of arbitrary mistreatment, but most were too poor or lacked the necessary information to fight back against the city. ‘What this City Hall is doing is criminal towards blacks and property owners, and it must be stopped’ Peera said.

Peera has appealed to the State Advisory Committee of the U.S. Commission of Civil Rights and hopes that others will join him. On Monday, Alabamians who believe that their property rights have been violated under eminent domain, either through the back door or the front door, can tell their stories to the Committee at a public forum from 9 a.m. to 5 p.m. at Whitely Conference Hall on the Montgomery campus of Troy University.

Read the entire article here.

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FOR IMMEDIATE RELEASE

Contact: Stephen Gordon

stephen@gordonemail.com

(256) 874-2985

From Rosa Parks to the Kelo decision, property rights haven’t improved for Alabama’s racial minorities and socio-economically disadvantaged

Upcoming Civil Rights Commission panel to highlight eminent domain abuses

Using what he describes as “eminent domain through the back door” in “the cradle of the modern civil rights movement,” University of Alabama history professor and chair of the Alabama State Advisory Committee of the U.S. Commission on Civil Rights David Beito is on the frontlines of a battle in Alabama to ensure that racial minorities and the socio-economically disadvantaged are provided the same protections of their property rights others enjoy.

In a soon-to-be published op-ed, Beito notes the case of Jimmy McCall.

“It was more my dream house,” [McCall] laments, “and the city tore it down….It reminds me of how they used to mistreat black people in the Old South.”

In yet another case, Beito reports:

For almost five years, [Idi Amin refugee Jim Peera] has fought a pitched battle with City Hall over his plan to renovate a strategic parcel of 121 apartments in the heart of the Rosa Parks Community, and rent them to low-income senior citizens. Montgomery has a multi-million dollar development plan for his eight-acre site and is using “blight” to condemn and demolish it. Peera has withstood multiple setbacks on his investment including unfounded criminal charges by the city and mysterious fires on his solid block structures. He has repeatedly tried to sell to or partner with the city for a much needed affordable housing development, but it has rebuffed him. “They’re used to forcing black folks to give their properties up via imposing hefty demolition liens, as opposed to buying land at fair market value” he says. Most recently, the city tried to further devalue Peera’s property by reducing the density from “multifamily” to single family, thus making it impossible to provide affordable low-income housing. Although Peera won in two courts, local bureaucrats, much like they are doing with McCall, meet his legal victories with appeals and other delays.

Alabama has gained national notoriety for eminent domain abuses in the past, most notably in Alabaster case heavily publicized by nationally syndicated radio talk show host Neal Boortz.

On Wednesday, April 29, Beito will be chairing a panel for the Alabama Advisory Committee to the U.S. Commission on Civil Rights. The panel is entitled “Civil Rights Implications of Eminent Domain Policies and Practices in Alabama.”

Confirmed speakers will include Rev. John E. Smith of the Evergreen Missionary Baptist Church, representatives of the Alabaster Alabama community, Montgomery business owner Jim Peera, Montgomery business owner Jimmy McCall, Montgomery attorney Norman Hurst, State Senator Scott Beason, ADECA Compliance Officer Paula Murphy, Jefferson County Land Development Department representative Michael Morrison.

Other speakers will probably be on hand, as well as members of the community negatively impacted by Alabama’s eminent domain policies.

The panel will be conducted from 9AM to 5PM on April 29 at the Montgomery Campus of Troy University in the Gold Room of the Whitley Conference Hall. The street address is 231 Montgomery Street, Montgomery, AL 36104.

Videotaped testimony of some of the victims is available here. The entire agenda of the panel is available here.

Alabama’s Stop Eminent Domain Abuse is a grassroots organization dedicated to the protection of property rights for all Alabamians.

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admin Events Press Release

ALABAMA ADVISORY COMMITTEE

to the

U.S. COMMISSION ON CIVIL RIGHTS

Troy University - Montgomery Campus

Whitley Conference Hall - Gold Room

231 Montgomery Street

Montgomery, AL 36104

“Civil Rights Implications of Eminent Domain Policies and Practices in Alabama”

Wednesday, April 29, 2009

AGENDA

9:00 a.m.                     CALL TO ORDER, INTRODUCTIONS AND OPENING REMARKS

Dr. David Beito, Chairperson, Alabama Advisory Committee to the U.S. Commission on Civil Rights

Farella E. Robinson, Regional Director, Central Region, United States Commission on Civil Rights

Alabama Advisory Committee Members

Dr. David T. Beito

Ms. Valerie Askew

Ms. Lula J. Bridges

Ms. Margaret L. Brown

Mr. Richard H. Finley

Mr. Ed  R. Haden, Esq.

Dr. Randy B. Kelley

Ms. Shana J. Kluck

Mr. Raphael A. Maharaj

Dr. Harriet I. Means

Mr. Byron R. Perkins, Esq.

Ms. Mary Elizabeth “Betty” Peters

Mr. Maurice L. Shevin, Esq.

Ms. L’Tryce M. Slade

9:15 a.m.                                PANEL I

“Selected Communities’ Perspectives”

•Rev. John E. Smith

Evergreen Missionary Baptist Church

Birmingham, AL

• Representatives of the Alabaster Alabama Community

• Jim Peera

Montgomery business owner

• Jimmy McCall

Montgomery business owner

12:00 p.m. - 2:00 p.m.            LUNCH/RECESS

2:15 p.m.                                 PANEL II

“Government Decisionmaking”

• Norman Hurst, Attorney, Montgomery

• The Honorable Senator Scott Beason

17^th District

• Paula Murphy

Compliance Officer

Alabama Department of Economic and Community Development (ADECA)

•Michael Morrison

Jefferson County Land Development Department

4:30 p.m.                                 OPEN SESSION FOR PUBLIC

(Comment period for the public and/or persons who wish to make a brief statement).

5:00 p.m.                                 ADJOURNMENT

admin Miscellaneous

…in Alabama? If you have, we’d love to hear your story.

Are your responding to the advertisements recently placed in the Montgomery and Birmingham area?  If so, please contact Stephen Gordon by e-mail or at (256) 874-2985.

Alternately, feel free to leave a comment below.

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Title: ALABAMA ADVISORY COMMITTEE to the U.S. COMMISSION ON CIVIL RIGHTS
Location: Troy University – Montgomery Campus
Description: Civil Rights Implications of Eminent Domain Policies and Practices in Alabama

Alabama victims of property rights abuse will be featured at the event.

Exact time and location will be announced as soon as details are finalized. Here’s the anticipated schedule:

Date: 2009-04-29
Panel I Begins at 9:15 PM
Panel II begins at 2:15 PM
Open Session for the Public begins at 4:30

This event is open to the public.

admin Events Events, Montgomery

Title: Press Conference
Location: Alabama State House
Description: State Senators Scott Beason and Quinton Ross will holding a press conference at the Alabama State House to discuss the Evergreen Baptist Church Eminent Domain Protection Act and The Elizabeth Swain Property Protection Act.

Please contact Senators Scott Beason at: (334) 242-7794 and Quinton Ross at: (334) 242-7880 with a resolute vote of encouragement for their stand for private property protection.
Start Time: 11:00
Date: 2009-04-07

admin Events, Legislation Elizabeth Swain, Events, Evergreen Baptist Church, press conference, Quinton Ross, Scott Beason

The Alabama legislature finds that inadequate legislative protection exists for property owners that through eminent domain proceedings have agreed to swap their property for real estate owned by the party taking the property or an offering of property through a third party. An example is the Evergreen Baptist Church which accepted a land swap from the Alabama Department of Transportation after an understanding that hookups to all utilities would be provide for the new church building. When the church was two thirds completed, the Birmingham Water Works refused to provide water unless the church paid the Water Works $80,000.00 for the installation of a new water trunk line.

The legislature declares that the imposition incurred upon the church through eminent domain proceedings shall not be compounded by imposing additional expense for utility services at the property.

Furthermore, when a subdivision of the state or other entity possessing the authority of eminent domain enters into a settlement agreement wherein a parcel of land is offered and accepted in lieu of payment all utilities occurring on the property taken shall be provided at no expense and in a timely fashion to the accepting party.

admin Legislation ALDOT, Birmingham Water Works, Evergreen Baptist Church, Legislation

This bill shall be known as “The Elizabeth Swain Property Protection Act.”

The Alabama Legislature finds that the Alabama Code of 1975 is inadequate in equitably ensuring transparent, comprehensive and accessible systems in transferring land rights and legal security of tenure. This inadequacy is especially burdensome on Alabama’s disadvantaged and vulnerable minority populations.

Therefore the Alabama Attorney General shall:

• Maintain an employee competent in all aspects of Alabama eminent domain proceedings to assist property owners in understanding their rights.
• The Attorney General shall prepare a brochure outlining the legal rights of private property owners under threat of eminent domain. This brochure shall contain contact information for the aforementioned employee who shall provide and or fully explain the rights of Alabama private property owners and the authority and power of eminent domain in Alabama, to all property owners threatened by an eminent domain taking.

When an entity processing the authority of eminent domain under the auspices of the State of Alabama contemplates the use of eminent domain the entity shall:

Send a representative knowledgeable in the eminent domain proceeding under consideration to meet with the owner of the private property in question. On serving notice to an owner of the possible exercise of eminent domain, the condemnor shall provide clear and written explanation of all procedures and the owner’s rights and remedies. The representative shall secure the signature of the private property owner on a form which acknowledges the private property owner’s receipt of the brochure.

If the private property owner resides outside the boundaries of Alabama, the entity contemplating the use of eminent domain shall contact the private property owner and inform the owner about the brochure and its purpose and secure from the private property owner a mailing address. The representative shall, by certified mail, or other proof of delivery, send the brochure and the form for the signature acknowledging the receipt of the aforementioned brochure to the property owner of record.

If the private property owner believes that threatening and or badgering tactics have been employed by the entity contemplating the use of eminent domain or agents acting on behalf of that entity, the property owner may request an inquiry by the Attorney General. A finding by the Attorney General that threatening and or badgering tactics have been employed on the part of the aforementioned entity and/or agents operating to facilitate the proceedings shall result in a jury trial (the jury being selected from among the threatened property owners’ peers) in the court of _____. Eminent domain proceedings shall not go forward until the verdict has been handed down in the aforementioned trial and the actions specified in this act have been carried out in full.

Should the entity attempting the aforementioned eminent domain taking be a government agency, or a subsidiary thereof, a verdict in favor of the private property owner shall result in the removal of public officer holders involved in such harassment from public office. A verdict in favor of the private property owner against a “non-governmental entity” possessing eminent domain authority, and found guilty of threatening or harassing tactics, shall result in that entity paying the private property owner a minimum of four times the value of the “highest and best use” of said property.

The value of the property will initially be established by an independent expert, at the condemnor’s expense. Should the parties be unable to reach accord on the value, then the owner has a right to appeal to an appropriate court and the court shall determine value, based on three appraisals by impartial expert valuation witnesses whose fees shall be paid by the condemnor.

The payment shall be made over and above any settlement resulting from state authorized use of eminent domain. Proceedings of eminent domain which include negotiations shall not go forward until settlement of the aforementioned trial has been made. No court cost or attorney fees shall be incurred by the private property owner.

admin Legislation badgering, Elizabeth Swain, harassing, Legislation

Evergreen Baptist Church overlooks I-65 between Birmingham and Gardendale, Alabama. The Church was required to surrender its property through eminent domain for road construction. The Church agreed to a property swap with the State Department of Transportation. The Church at its old location was serviced with water, gas and electricity - all modern conveniences. Before construction began on the new Church building, Rev. Smith contacted the Birmingham Water Works to ensure that water would be available. With the Water Works assurance, construction was begun. When construction reached ¾ completion, it was disclosed that the Birmingham Water Works would require $80,000.00 to install a new water main. The Church, consisting of a small congregation, could not afford the demands of the Water Works. Two years have passed and the inequity in the land swap has not been resolved. The Church pleads for a just and appropriate public outcry.

Property Rights Abuse and the Evergreen Baptist Church from Don Casey on Vimeo.

admin Multimedia Birmingham Water Works, Evergreen Baptist Church, Gardendale, video

In 2003, Alabaster, Alabama, a small bustling community south of Birmingham, garnered national attention through their efforts to seize property for the construction of a Wal-Mart shopping center. Ownership of the property was predominately poor and black. When national attention focused on the private property seizure, other avenues of securing the property for Wal-Mart prevailed. The procedure, while legal, would, by those familiar with the circumstances, deem the chain of events and the ensuing aftermath unethical by all standards. In the video Elizabeth Swain, her daughter, and granddaughter tell the story from the beginning to the end.

Alabaster, Alabama 2003 land grab for Wal-Mart – The Untold Story from Don Casey on Vimeo.

admin Multimedia Alabaster, Elizabeth Swain, video, Wal-Mart