From:  Susan Kniep,  President
Susan Kniep, President

The Federation of Connecticut Taxpayer Organizations, Inc. (FCTO)

Website:  http://ctact.org/
email:  fctopresident@aol.com

860-524-6501

August 29, 2007

 

Welcome to Tax Talk 108

 

 

 

 

EMINENT DOMAIN

 

 

 

THE GOOD, THE BAD AND THE SO VERY UGLY!

 

 

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The Institute of Justice continues it good work in fighting                                                  Eminent Domain nationwide!

 

Institute for Justice’s New Studies Document

 

 

Eminent Domain Victims

And Alternatives to Force

 

 

http://ij.org/publications/liberty/2007/16_4_07_d.html

 

 

 

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The Eminent Domain saga in Connecticut continues.  As Susette Kelo and others were forced from their homes and other homeowners and businesses continue to be at risk, Robert Poliner, the Governor’s appointed ombudsman, has assembled a panel of 13 called THE GOODWILL COMMITTEE.  Their first meeting is today.  I contacted Poliner’s office and requested their agenda and the membership of this committee which follows.     Read the Advocate’s report on this subject which was released today and is provided below.  Robert Poliner can be reached at 860- 418-6356.

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FCTO PROPOSES THAT WE HAVE TRUE GOODWILL IN CONNECTICUT!

STATE STATUTES WHICH PROHIBIT OTHERS FROM TAKING OUR HOMES AND BUSINESSES THROUGH EMINENT DOMAIN!

 

REMEMBER!!!!

 

THE ONLY SOLUTION TO STOPPING EMINENT DOMAIN IN CT IS THROUGH A CONSTITUTIONAL CONVENTION IN 2008!

 

 

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Eminent domain panel to focus on businesses  

Stamford Advocate, Aug 29, 07

The 13-member group, assembled by state Property Rights Ombudsman Robert Poliner, will spend the next few months researching whether Connecticut should join California in reimbursing businesses affected by eminent domain for a loss of "good will."

California, which has been calculating good will since the 1970s, defines it as "the benefits that accrue to a business as a result of its location; reputation for dependability, skill or quality; and any other circumstances resulting in retention of old or acquisition of new patronage."

Florida and Louisiana offer limited compensation for "business damages" and interrupted revenue.

"Businesses that are in buildings being taken (by eminent domain) are compensated to the extent they own an interest in the real estate. If they don't, they then have a right to relocation expense reimbursement," Poliner said. "But under Connecticut's law and, frankly, under most states' laws, there's no reimbursement for intangible property losses."

Some Connecticut lawmakers, including Republican Gov. M. Jodi Rell, wanted the legislature to require goodwill reimbursements in the eminent domain reforms passed in June.

A bill supported by the legislature's Planning and Development Committee included those reimbursements, but state Sen. Eric Coleman, D-Bloomfield, a committee co-chairman, said there was disagreement with members of the Judicial Committee.

Coleman said the sides compromised by having Poliner study the issue and report to the General Assembly by the start of the regular legislative session next year.

"There were some interesting questions that came up between Planning and Development and Judiciary discussions," Coleman said. "I do think under certain circumstances good will should be part of the equation."

But the Connecticut Conference of Municipalities disagreed.

"It's very problematic," said Ron Thomas, the organization's manager of state and federal relations. "My understanding is the state of California adopted such a law and it's caused havoc there."

Rachel Goldberg, attorney for Stamford's Urban Redevelopment Commission, is serving on Poliner's task force.

Goldberg said the main question is whether other states have taken too long to follow California's lead or whether there is good reason most states do not offer goodwill compensation to businesses.

"I don't have any idea going in what's the right thing to do in this regard," Goldberg said. "But whatever we might recommend, we should be really careful that we're not creating just an opportunity for people to litigate.

Goldberg said some businesses benefit from being relocated.

"Every business I've ever relocated has been important to the city of Stamford," Goldberg said. "We want them to stay here and thrive."

John Shirey, executive director of the California Redevelopment Association, said it is not easy to determine the worth of good will.

"There was a controversial decision here a few weeks ago where a trial court said part of goodwill should be based on the future value of the business," Shirey said. "That's pretty loony. That's pretty nebulous. That will probably get appealed. "So I don't want to say it's without controversy. It isn't."

But he does not recall any efforts in California to repeal the goodwill law. Usually the two sides settle on the costs out of court, he said.

"It's an accepted practice," Shirey said. "This is a serious issue when a business has to be relocated."

Wesley Nutten, an expert on business valuation with Desmond, Marcello & Amster, a California firm, said it is surprising that other states have not enacted goodwill regulations.

"It can be a big hit to some of these businesses," Nutten said. "Maybe it has created litigation and has fed a bunch of attorneys. But it also results in a lot more dollars going to these business owners than would if good will wasn't compensated for."

 

 

 

 

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GOODWILL STUDY COMMITTEE

MEMBERSHIP

 

 

ROBERT S. POLINER                   860-418-6356              robert.poliner@ct.gov

Ombudsman for Property Rights   860-418-6485 FAX

450 Capitol Ave. – MS# 54PRO

Hartford, CT 06106-1379

 

RICHARD ALLEN                          860-594-2378              richard.allen@po.state.ct.us

Rights of Way Administrator – DOT         860-594-2494 FAX

2800 Berlin Tpke.

P.O. Box 317546

Newington, CT 06131-7546

 

NORMAN BENEDICT SR.                       203-248-5511               nbavalue@iconn.net

Norman Benedict Associates, Inc.            203-248-7771 FAX

2795 Whitney Avenue

Hamden, CT 06518

 

MAURA M. COCHRAN                 860-549-5000              mcochran@bartramandcochran.com

Bartram & Cochran                          860-525-5700 FAX

64 Pratt St.                                         860-985-6871 cell

Hartford, CT 06103

 

 

LESTER G. FINKLE           II                     860-659-6703 x3032   lester.finkle@fhwa.dot.gov

Realty Officer/Civil Rights Specialist       860-659-6724 FAX

Federal Highway Administration

628-2 Hebron Ave., Suite 303

Glastonbury, CT 06033-5007

 

 

RACHEL GOLDBERG                   203-327-9180              goldbergrachel@hotmail.com

General Counsel                               203-975-1552 FAX

Urban Redevelopment Commission

Government Center

888 Washington Blvd.

Stamford, CT 06901

 

 

 

 

JOHN J. LEARY                              203-776-1887              learycnseling@snet.net

President                                           203-776-1773 FAX

Leary Counseling & Valuation, Inc.

35 Elm St.

New Haven, CT 06510-2023

 

EUGENE A. MARCONI                1-800-335-4862           marconie@ctrealtor.com

CT Association of Realtors, Inc.     860-290-6601

Suite 1101, 111 Founders Plaza         860-290-6615 FAX

East Hartford, CT 06108

 

 

DWIGHT H. MERRIAM                860-275-8228              dmerriam@rc.com

Robinson & Cole, LLP                                 860-275-8299 FAX

280 Trumbull St.

Hartford, CT 06103-3597

 

KENNETH J. PIA, JR.                    203-789-1040              KJP@MHPCPA.Com

Partner & Director of                                   203-789-4455 FAX

Valuation Services

Meyers, Harrison & Pia, LLC

700 State St. – 4^th Floor

New Haven, CT 06511

 

EDWARD E. PRATESI                   860-677-6972              Edp@BrentmoreAdvisors.com

Managing Director                          860-677-8054 FAX

Brentmore Advisors, LLC

2 Batterson Park Rd.

Farmington, CT 06032

 

 

ROB SIMMONS                               860-270-8012              rob.simmons@ct.gov

Business Advocate – SOC               860-270-8177 FAX

505 Hudson St.

Hartford, CT 06106-7106

 

 

JEANNE WEBB                               860-291-7303              jwebb@ci.east-hartford.ct.us

Director of Development &             860-291-7298 FAX

Planning - Town of East Hartford  860-305-5757 cell

740 Main St.

East Hartford, CT 06108     

 

 

 

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GOODWILL STUDY COMMITTEE

Wednesday, March 29, 2007

Legislative Office Building – Room 1C

3:00 p.m.

 

 

 

 

 

1.                   Call the Meeting to Order.

2.                  Introduction of Members

3.                  Introduction of Subject Matter

4.                  Public Comments

5.                  Discussion of Subject Matter

6.                  Division of Responsibilities

7.                  Set Schedule and Location for Future Meetings

8.                  Adjournment

 

___________________________________________

Attorney Robert S. Poliner

Ombudsman for Property Rights

 

RSP/mpb

 

 

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MORE PUBLICATIONS BY THE INSTITUTE FOR JUSTICE

==========================================================
Institute for Justice Newsletter             Liberty & Law

August 2007
http://ij.org/publications/liberty/2007/16_4_07.html
==========================================================

*** Top Stories ***

IJ Helps Inner-city Gym Against Eminent Domain Abuse
http://ij.org/publications/liberty/2007/16_4_07_a.html

 

Castle Coalition Releases Activist Training DVD
http://ij.org/publications/liberty/2007/16_4_07_f.html

 

Court Strikes Down Censorship of Commercial Speech
http://ij.org/publications/liberty/2007/16_4_07_b.html

 

==========================================================
This issue is also available in PDF:
http://ij.org/pdf_folder/liberty/LL_8-07.pdf

 

Thanks very much for your support!

Beth Stevens
Institute for Justice
703-682-9320 ext 233
Litigating for Liberty:  www.ij.org

 

 

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