Showing posts with label eminent domain. Show all posts
Showing posts with label eminent domain. Show all posts

Wednesday, December 19, 2012

Saving Historic Homes



Please welcome Nell Carson to It's Not All Gravy.  No cookies today, but how about a nice piece of Gingerbread courtesy of ALL RECIPES.COM  I thought that apropos considering then title of Nell's new book.

Thank you, Maryann, for inviting me to guest post! 

I thought I’d write today about a subject I learned a good deal about while writing my second novel, The Gingerbread House—historical preservation. In the book, Greta Kendall, is fighting to save her beloved Queen Anne house from being torn down by a company bent on putting up a new mall on the site.

While researching the ins and outs of historical preservation laws, I read about a U.S. Supreme Court ruling from 2005 (Kelo v. City of New London) in which the court decided that under Eminent Domain a city can legally take someone’s private property—their home—and transfer it to another party, in this case a developer, against the will of the homeowner. 

In the Kelo case, the City of New London in Connecticut condemned Susette Kelo’s Victorian home that had been renovated only three years earlier, along with several others, so a developer could build a new marina. Kelo took to the courts, arguing that Eminent Domain should mean for public purposes only, not for private development. 

The power of Eminent Domain is limited by the Takings Clause of the Fifth Amendment which states that private property shall not be taken for public use without just compensation. The city argued that the development was ultimately good for the public by way of increased revenue. In a 5-4 decision, the Supreme Court sided with the city and Kelo’s home as well as her neighbors’ were slated for destruction.

Rubbing salt into the wound, the city decided to charge the residents rent for their property dating back to the start of the proceedings—five years—claiming they were technically living on city property even though the homeowners were fighting against the city’s actions. Thankfully the governor intervened and the city eventually compensated the homeowners for their homes and ultimately issued an apology. 

Compensation and apologies aside, most of the homes were destroyed and that can never be undone. No one knows this better than the renovation crew in France that just a few weeks ago accidentally tore down the 18th century chateau they were supposed to rehab instead of the guest house. Oops

Another argument to support the use of Eminent Domain is to rid cities of blight, but as Justice Anthony Kennedy said, ‘Blight is in the eye of the beholder’. An enthusiastic rehabber might look at a blighted section of town and see an opportunity to bring the historic structures back to life. In Denver, for instance, there’s our ‘LoDo’ or Lower Downtown area of town, a former skid row turned tourist attraction with its pricey restaurants and exclusive boutiques, run-down warehouses and factories turned into expensive lofts and offices. Sure the old structures could have been torn down to make way for more modern buildings but the character that comes from age is priceless and that would have been lost forever. (I try to keep this in my mind with each new wrinkle that pops up in the mirror!)

My husband and I are the proud owners of a 1922 bungalow that wasn’t in the best shape when we bought it, and for five years we’ve been working on its seemingly endless renovations, project by project. Slow going and expensive but incredibly satisfying once it’s done. You have to really love something to work so hard for it, and I can only imagine how horrible it would be to have it taken away for the ‘greater good’. I feel for these people. 

But I also feel for the city. We all demand top-notch schools, fire departments, police, etc. but balk when it comes to tax increases. So what’s a city to do? The money’s got to come from somewhere. 

Unfortunately desperation can lead to short-sighted action, in this case tearing down historic structures in the hopes of a quick cash fix that ultimately didn’t even pan out in New London. In a sad twist to the Kelo case, the developer couldn’t find enough funding and abandoned the project leaving only an empty lot where the homes once stood. It was used as a dump for Hurricane Irene debris in 2011. It now stands vacant.

I guess the solution, if it could be called that, would be to take these situations on a case-by-case basis, objectively evaluate the finality of the destruction versus the possible revenue that could be generated and make smart decisions for both the long and short terms. I, for one, hope the preservationists win out whenever possible. The state of the economy flows in ebbs and tides but once these structures are gone, there’s no turning back.

Forever is a long time.
Coffee's hot. Enjoy!
Nell's book, The Gingerbread House, is a sweet romance. Here is a link to a REVIEW I did last Sunday.

Monday, August 06, 2012

Taking a Stand

Most of you who follow my blog know that I am opposed to the XL Keystone Pipeline that is to carry tar-sands oil from Canada to the Gulf Coast where it will be refined and then shipped out - most of it to go to foreign sales. Here is a link to a previous blog that outlines some of the environmental issues we could face if there is a break in this pipeline once it it complete.

It looks like we are not going to win our fight to keep the pipeline from coming through Texas, although one woman in North Texas is giving it her best shot. Julia Trigg Crawford, a former corporate headhunter who retired to run the family farm, has filed a suit based on the eminent domain laws in Texas. According to those laws pipelines, like railroads and utilities, can be privately owned but they must provide access to other companies to move their products. They cannot be for the use of a single private company. In her lawsuit, Crawford contends that the Keystone pipeline does not meet those standards. It is for the benefit of TransCanada alone and has not provided for third-party contracts.

"The line in the sand for my family is that we don't believe a foreign company building a pipeline to put money in their pockets can take a Texan's land. If you're going to take it, you're going to have to prove that you can," Crawford said in an interview with Christy Hoppe of the Austin Bureau of The Dallas Morning News.

Crawford is also concerned for the environmental impact of the pipeline, although she has concentrated on the eminent domain issue in her efforts to stop it.  Up to this point, landowners have had no choice but to either take the monetary offer for their land, or have it condemned and taken by eminent domain. That is what has happened to Crawford, as well as many other Texans who did not want this pipeline because of environmental issues.

The material TransCanada plans to send through the pipeline has the consistency of roof tar. It does not flow like regular crude oil. The chemicals used to help keep the tar-sands oil moving are deadly and any leak could destroy an eco system for generations. If it seeps into an aquifer, it would poison the water for up to 100 years.

If there is not a court order to stop them, TransCanada could start laying pipe across Crawford's land any day. They have acquired 100% of the land they need to go from Oklahoma to the Gulf Coast. So why does she keep fighting. "You learn even if you're the last-seeded team going against the national champions, you still suit up, even if you are going to get the snot kicked out of you," she said. "I need to be able to say to myself that I did all that I could."

 When we feel that strongly about an issue, it is important to take a stand. I admire Crawford for her courage and strength.

STOP Tarsands Oil Pipeline organization.