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Eminent Domain
Columbia Students, Activists Occupy Harlem Warehouse in Campus Expansion

 

Also Read Below the following excellent articles:  Limit eminent domain, secure right to private property ownership ...ownership -  Estero land seizure will cost Lee $1.92 million, jury rules -  New Jersey Attorney Appointed to National Network of Eminent Domain Lawyers

 

 

 

 

Columbia Students, Activists Occupy Harlem Warehouse in Campus Expansion

DNAinfo  March 24, 2012 12:07pm | By Jeff Mays, DNAinfo Reporter/Producer

The Tuck-it-Away warehouse at 655 W. 125th Street is due to be acquired via eminent domain by the Empire State Development Corporation as part of Columbia's new 17 acre, $6.3 billion campus expansion.

 

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HARLEMJust call it Occupy Warehouse.

A small group of Columbia University students and local activists have occupied a storage warehouse on 125th Street that is part of the university's West Harlem campus expansion plans.

The Tuck-it-Away warehouse at 655 W. 125th Street is due to be acquired via eminent domain by the Empire State Development Corporation as part of Columbia's new 17 acre, $6.3 billion campus expansion.

"We are taking this building over from the Empire State Development Corporation which is not acting in the interest of the citizens and giving it back to it's rightful owner," said Tom DeMott from the Coalition to Preserve Community, a group opposed to the expansion.

DeMott said the group obtained permission from warehouse owner Nicholas Sprayregen to be there.

Sprayregen, who owns several warehouses in the expansion zone, has refused to sell his property to the university and fought efforts to take it using eminent domain. In June of 2010, the New York State Court of Appeals upheld the use of eminent domain, saying the area was blighted.

About 20 people camped out at the warehouse on Thursday night. They began camping outside after they say they were warned by authorities that the building owner would face fines if they slept inside the building.

On Friday evening, a police officer stood a few feet from where a group of about 10 people had set up camp. A police car sat across 125th Street.

Columbia is extending into West Harlem from West 129th to West 133rd streets, between Broadway and 12th Avenue. The area also includes the north side of 125th Street and three properties on the east side of Broadway from 131st to 134th street.

The plan will see the creation of 6.3 million square feet of space, with the first phase of the project scheduled to be completed by 2015. Later phases are scheduled to be completed by 2030.

DeMott said the group is opposed to residents and businesses being displaced for the expansion and the use of eminent domain. They are also opposed to the research laboratories to be housed at the Jerome L. Greene Science Center. In addition, the group wants Columbia University to begin providing jobs and other benefits specified under the community benefits agreement.

Columbia University was not immediately available for comment but have previously said they are abiding by the terms of the community benefits agreement and are meeting hiring goals.

"The goal is to stop a vicious displacement plan and suggest to Columbia that the community should be shared," said DeMott.

There is also concern over the safety of the project after a building being demolished on the site collapsed Thursday, killing one worker and injuring two others.

Alexandra Afifi, 21, a senior at Columbia College, said she opposed the expansion. The issue hasn't been a major topic of discussion among students until recently, she said.

"I've been watching Columbia transform this neighborhood in my four years here and by transform, I mean swallow," said Afifi. "As a student I don't see any reason for the expansion except profit."

 

 

http://www.dnainfo.com/20120324/harlem/columbia-students-activists-occupy-harlem-warehouse-campus-expansion

 

 

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Limit eminent domain, secure right to private property ownership ...ownership

 

Right Angles  James D. Kellogg   Glenwood Springs, Colorado CO  March 20, 2012


http://www.postindependent.com/article/20120320/VALLEYNEWS/120319864

 

 

 

Throughout the United States, government and quasi-government bodies are chipping away at private property rights. This is exemplified in western Colorado by property acquisitions of the Roaring Fork Transit Authority (RFTA) to build new Bus Rapid Transit (BRT) stations. The town of Basalt and city of Glenwood Springs endorsed RFTA's tactic of condemning private parcels within their municipal limits to advance the $46.2 million BRT project.

In the Glenwood Springs instance, RFTA claimed that a strict deadline attached to a $25 million grant from the Federal Transit Administration meant a competing private use proposed for the property needed to be quickly quashed.

Through their support, the message from local leaders is loud and clear: It's more important to help RFTA spend taxpayer dollars than secure the rights of private property owners.

The founders of our nation believed the right of citizens to acquire and possess property is as unalienable as the right to free speech. Thomas Jefferson declared, “All power is inherent in the people. … They are entitled to freedom of person, freedom of religion, freedom of property, and freedom of press.”

Secure private property rights are a cornerstone of economic growth and sustainability in a free market economy. Our government is responsible for upholding laws, contracts, patents and copyrights to protect private property owners from infringement by others, including government itself.

Property ownership allows the self-sustaining production of wealth (i.e., objects with economic utility) and improvement of standards of living. Private property, which includes more than real estate, is the basis for tax revenue that enables government to ensure national security and domestic tranquility.

Secure private property rights allow individuals to own what they have earned and serve as incentive for the entrepreneurial spirit that drives a vibrant free-market economy.

Notwithstanding, the framers recognized that eminent domain (i.e., the power of governments to confiscate private property) was required in certain cases to provide infrastructure, such as roads and government buildings, for public use.

However, the Fifth Amendment of the Constitution limits authority of the federal government by stating, “nor shall private property be taken for public use, without just compensation.” Furthermore, the Fourteenth Amendment states, “nor shall any State deprive any [citizen] of life, liberty, or property, without due process of law.”

The state of Colorado's power of eminent domain is pursuant to Article II, Section 15 of the Colorado Constitution. Other political subdivisions within the state usually need such power expressly granted by statute. In the case of a transit authority, it is Title 38, Article 1, Section 202 of the Colorado Revised Statutes (C.R.S).

Take a look at this section of the C.R.S. and you'll be shocked by the long list of entities granted with the power of eminent domain.

Moreover, “public use” has evolved over the past several decades to mean “public benefit.” Today it's not uncommon for state and local governments to use eminent domain to benefit private parties, arguing the new owner's project will provide public benefits such as reducing urban blight, enhancing tax base or creating jobs.

Make no mistake. Government is empowered at the expense of individual liberty. Eminent domain is only to be exercised as a last resort under appropriate circumstances. It's up to citizens to demand concise explanations from elected leaders and appointed bureaucrats to justify any infringement on private property rights.

Does the public use component of a bus station really warrant the use of eminent domain? Can RFTA demonstrate the claimed public use dictates an imperative need to build a BRT station on a specific site as opposed to a property just down the road? What threshold justifies a particular public use to trump the rights of individual citizens?

These questions are brushed aside by assertions that RFTA clearly has the legal authority to confiscate private property … so deal with it.

When Americans are coerced into relinquishing the right to private property ownership, the prospect of lasting life and liberty wanes. Ayn Rand, author of “Atlas Shrugged,” professed, “Without property rights, no other rights are possible. Since man has to sustain his life by his own effort, the man who has no right to the product of his effort has no means to sustain his life.”

BRT stations don't seem as important now, do they?

On the author's request, “Right Angles” will appear just once a month, on the third Tuesday. James D. Kellogg of New Castle is a professional engineer, the author of the novel E-Force, and the founder of LiberTEAWatch. com. Visit JamesDKellogg.com or email jamesdkellogg@yahoo.com.

 

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Estero land seizure will cost Lee $1.92 million, jury rules

 

The News-Press  March 26, 2012

 

 

Lee County will have to fork over $1.92 million to a company building FGCU student housing in Estero, a jury in the 20th Judicial Circuit Court determined Friday.

 

The company, Colico, sued Lee County in late 2005 after the county took 3.39 acres of its 26 acres as part of an eminent domain case. The land taken by the county was later used for part of the Estero Parkway extension, according to the judgment.

The student housing will front Three Oaks Parkway, west of Interstate 75.

The original plans called for 14 additional buildings on 26 acres there. Each building was originally planned to have 12 four-bedroom units to house nearly 700 students.

 

Bill Moore, the Sarasota-based attorney for Colico LLC, said the company was ready to move ahead with the project in 2005, but the plan came to a halt once Lee County stepped in

 

 “What happened was that they lost their drainage plan, their second access and water management plan,” Moore said Monday. “It screwed up their permitting.”

Colico sued after the county agreed to pay for only the $883,000 in land it had taken as part of eminent domain, Moore said.

 

“They gave us their estimate for the land and said there were no other damages,” he said.

 

Colico disagreed and said out-of-pocket costs for re-permitting and bringing new fill in to meet existing regulation was an additional $860,000, Moore said.

On Friday, the jury agreed with Colico.

 

Joan LaGuardia, Lee County spokeswoman, said she didn’t have enough information to comment on the decision. Jack Peterson, the assistant Lee County attorney, who represented the county, did not return calls seeking comment.

 

Read complete report at http://www.news-press.com/article/20120327/NEWS0108/303270021/1051/RSS05/Estero-land-seizure-will-cost-Lee-1-92-million-jury-rules?odyssey=nav%7Chead

 

 

 

 

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New Jersey Attorney Appointed to National Network of Eminent Domain Lawyers


PR Web (press release)

Morristown, NJ (PRWEB) March 26, 2012

 

Morristown condemnation lawyer, Anthony Della Pelle, has been selected to represent New Jersey in the Owners' Counsel of America, a national association of property rights attorneys.

 

Anthony F. Della Pelle, Esq., CRE, of McKirdy & Riskin, P.A. has been selected as the New Jersey member of the Owners’ Counsel of America, a nationwide network of experienced eminent domain attorneys who are dedicated to the defense of private property ownership. Mr. Della Pelle succeeds his partner, Edward D. McKirdy, Esq., who previously served as the New Jersey member-attorney of Owners’ Counsel, devoted to representing landowners throughout the state.

“I am extremely honored to be elected as the New Jersey representative of Owners’ Counsel. Its members are recognized nationally as leading property rights attorneys, and I look forward to working with them and collaborating in order to provide my clients with the best legal representation possible,” said Della Pelle.

Mr. Della Pelle concentrates his practice in the areas of eminent domain, redevelopment and real estate tax appeals. He is a designated member of The Counselors of Real Estate®, an international organization of real estate practitioners who are recognized as the leading advisors in complex real property matters. Mr. Della Pelle is among the fewer than 50 practicing attorneys who hold a CRE® designation. He holds Martindale-Hubbell’s® highest rating, AV Preeminent, and has been selected as a “New Jersey Super Lawyer” by New Jersey Monthly Magazine since its inception. This year, Mr. Della Pelle was recognized as one of New Jersey’s Top 10 attorneys in the New Jersey Super Lawyers Magazine.

Throughout his extensive career, Mr. Della Pelle has tried numerous contested condemnation matters before both juries and commissioners and has secured several multimillion dollar awards for his clients. He is Board Certified as a Civil Trial Attorney by the Supreme Court of New Jersey and has been appointed as an expert in real estate valuation matters by the Superior Court of New Jersey. He served as a member of Governor Chris Christie’s transition team following his 2009 election, was appointed by the Governor as a Commissioner of the New Jersey Public Broadcasting Authority and serves as an officer of the New Jersey Hall of Fame Foundation and the Franklin & Marshall College Alumni Association Board of Directors.

In addition to his legal practice and leadership positions, Mr. Della Pelle lectures frequently in New Jersey and nationally on topics relating to eminent domain, redevelopment and real estate tax appeals. He appears regularly on national television, where he provides commentary on eminent domain and property rights issues around the country. He authors the New Jersey Condemnation Law Blog, http://www.njcondemnationlaw.com, and the New Jersey Property Tax Law Blog, http://www.realestatetaxappealsnj.com. He has also served as a member of the faculty of the New Jersey Association of Realtor’s Graduate Realtor Institute since 1989. Mr. Della Pelle lives in Morris Township, New Jersey with his wife and three children.

ABOUT OWNERS' COUNSEL OF AMERICA:

The Owners’ Counsel of America, http://www.ownerscounsel.com, is a nationwide network of experienced eminent domain attorneys dedicated to protecting the rights of private property owners large and small, locally and nationally, and to advancing the cause of property rights. The lawyers affiliated with Owners’ Counsel are in private practice in nearly every state and represent property owners against federal, state, and local governments, utilities, redevelopment authorities and other entities that may be armed with eminent domain power.

http://www.prweb.com/releases/Anthony_Della_Pelle/New_Jersey/prweb9324416.htm

 

 

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