My House is Not For Sale: Charlestown, IN fights city govt's eminant domain use

[CathyInBlue]

?My house is not for sale?: Indiana residents fight city?s home-seizure plan | Fox News

Charlestown is just a few miles north of New Albany, approximately equidistant between I-65 and the Ohio River. The Mayor wants to bulldoze a neighborhood of homes originally built as "temporary" housing for the Army in WWII to make way for new residential and retail space. Problem is, in the aftermath of Kelo, IN passed eminent domain reform that puts the creation of residential and retail space beyond the scope of appropriate eminent domain powers. Sounds like he's screwed and leapt before he looked on that issue.

What say you, INGO?

 

[littletommy]

Something kooky is always afoot in Charlestown.

 

[GodFearinGunTotin]

Though the Supreme Court in 2005 – in a highly controversial, 5-4 decision – ruled that economic development can be a factor in eminent domain seizures...

That was repugnant then and (from only what I know by reading this one article) this is repugnant now.

 

[T.Lex]

Looks like Charleston is somewhat borrowing from Carmel's playbook. Carmel infrequently resorts to eminent domain, mostly it doesn't need to. But, the use of public-private partnerships can pave the way (pardon the pun) for the type of Kelo-based, restriction-dodging development.

The "public use" factor for eminent domain may end up being satisfied for a city-sponsored development, with public space owned by the city (like a parking garage), managed by the city through a not-for-profit community development corporation, that returns funds back to the city. Plus, tax increment financing can be used to subsidize development with the city acting as the "owner" but building it for specific uses by specific commercial entities. Those entities can then get the benefit of the tax increment.

That's just an off-the-cuff idea that might pass muster for eminent domain. Unlikely that it will really be litigated, though. Can't imagine that neighborhood being able to afford it.

 

[mrjarrell]

The petty little tyrants need to understand that no means no. End of story. As for Indiana's so-called efforts to rein in Kelo, the laws afford scant protection for property owners. The law has enough loopholes in it to still allow them to do what they wish. I do hope it turns out well for these folks, but once a politician sets their eyes on the prize, little will be allowed to stand in their way.

 

[churchmouse]

Tax revenues......nothing more.

 

[digitalmonster]

They should do it, only if they get a free house in the new development at the same tax rate they are paying now.

 

[deanald2pt0]

I wonder if the home owner owns a bulldozer, or has plans to buy one in the near future.

 

[steveh_131]

You have no right to a beautiful home.

Something something, L. Neil Smith.

 

[singlesix]

6K per home, robbery.

 

[HoughMade]

I say eminent domain for something other than a true public use is anathema to the Constitution.

 

[indiucky]

What say you, INGO?

Charlestown wants to be Prospect (a very wealthy neighborhood in Louisville) and they believe the East End Bridge is going to be the ticket for that to happen...(Prospect is right across the river from Charlestown and Charlestown is actually Northeast/upstream from New Albany)I have been in nearly everyone of those houses in the 1980's when I ran a "Debit Insurance" Route and those houses where in very rough shape then...Charlestown has been trying to figure out a way to bulldoze those homes since the 1960's...In the 1980's they were kind of section 8 houses for those on low income and due to the large number of them and their prime location the Civic Leaders in Charlestown have always felt they were preventing Charlestown from growing in the direction they feel it should grow...

Either a bulldozer,a tornado, or termites were going to wipe them out....It took so long for the East End Bridge project to get going I was putting my money on the termites but it looks like the bulldozers are pulling up fast on the inside....

 

[ArmedProgrammer]

HoughMade - I agree... And the mayor in question is a personal friend of mine. _Offering_ to buy out the homes is one thing. Taking them by eminent domain is another.

If Bob Hall goes forward with this - let's just say that he and I disagree mightily on this issue.

I have been to the neighborhood in question - and he's right, it would help Charlestown to upgrade the area. If it goes the ED route - he and I severely disagree on the appropriate way to accomplish it.

Indiucky - You obviously know the area well... I agree with your assessment, but I REALLY don't think it ought to be done by ED. Let's just say that the picture that was shown on the report has to be the nicest possible picture from the most amazing angle on the best possible day. Most of the area is really rough.

 

[hornadylnl]

Where was all the opposition to use eminent domain to benefit the colts?

 

[hornadylnl]

Regardless of the condition of these homes, do you have a right to your property or not?

 

[cop car]

There was a similar case out east. But they were really nice houses. They used eminent domain and took the houses, had to use LEOs to forcibly remove people. Tore down the houses and ended up not even building the condo complex because the real estate market fell out. Everyone involved in that should go to jail. The whole idea of living in a free market economy is that if you have something someone else wants, they have to pay you to get it. And pay you what you want. Not make the government get involved and take your property and tell you how much you are getting.

To this Indiana thing, how about you make the neighborhood owner occupied only. No rentals. It sounds like it was or could be a cool little pre planned neighborhood. And possibly a historical land mark. IMO they should have done a better job saving ww2 era stuff from destructive use. But no one gives a rats ass

 

[cop car]

Where was all the opposition to use eminent domain to benefit the colts?

While not agreeing with it, you can still see 100% difference in taking property for a public property such as Lucas oil stadium or parking and simply taking property to hand over to another private owner that will own the property themselves and put a shopping mall or housing development on it. If they took all that property for Lucas oil and then sold it to Simon properties for them to turn into a private house, wouldn't that make you a bit more angry?

 

[indiucky]

Indiucky - You obviously know the area well... I agree with your assessment, but I REALLY don't think it ought to be done by ED. Let's just say that the picture that was shown on the report has to be the nicest possible picture from the most amazing angle on the best possible day. Most of the area is really rough.

I agree...I always figured they would do what Louisville did when expanding Standifer Field which was offer the owners of the homes a fair price (and then some) so the folks could buy another house comparable and close to where they were....I would say most of the homes are rentals (or at least they were back in the day)...I will tell you this....They are neat little houses put up fast and meant to last ten years at the most and I am shocked that so many had lasted this long...Back then in the winter it seemed like one burned down every year...I remember going in a couple and they had cheap liquid fuel heaters on and you literally felt like the place was going to go up in flames at any given moment....

I think the worry amongst the residents (of these homes) is that Charlestown is trying to squeeze them out of town and that if they lose these homes there will be no affordable housing left for them....

 

[ArmedProgrammer]

Your take is correct, Indiucky... Charlestown is really a tale of two cities... One a relatively upper middle class bedroom community of Louisville and the other , the remains of the old ammo plant. The good news is that they turned the old army ammo plant into some solid business - good move! This neighborhood is going to prove to be the tougher half of the equation.

Still, I think I know which side of town will win. I just am concerned with the "how they're going to do it" part.

 

[Kirk Freeman]

You have no right to a beautiful home.

You most certainly do.

6K per home, robbery.

Robbery? Lemme see, Theft plus Assault, so, yeah, it is Robbery.

Residents have turned to the Institute for Justice, a nonprofit public interest law firm dedicated to defending private property rights, for help.

This is welcomed news.