The Concerned Citizen Group (CCA) started talking about the new zoning laws and the potential for properties zoned Commercial or Commercial Residential being susceptible to seizure by Eminent Domain since July 2008. On June 29, 2008 the CCA acquired one hundred thirty (130) signatures on a petition to stop work on the new zoning laws which will change some residential properties to Commercial/Residential and other changes which may not be in the best interest of Athens citizens. The Mayor refused to allow the citizens equal representation.
On September 12, 2008 we held our first meeting to warn the residents of Athens about the Eminent Domain case In Connecticut, where the United States Supreme Court ruled in favor of the City of New London seizing private homes and turning them over to private enterprise. The US Supreme Court voted 5-4 in favor making it the first time in this country’s history where private property was seized by the government and turned over to a private company for development.
The Daily Mail Headline of April 23, 2009 reads as follows “Eminent Domain is potential IDA Tool”. The reporter quoted Sandy Mathis as having made this statement “The IDA has been given authority to use eminent domain as long as we can show there is a public purpose for the project and we pay fair market value for the property. We are just not willing to pay a ridiculous price.” Who has the right to determine what is a ridiculous price, the seller or the buyer? In our capitalist society prices have always been determined by supply and demand. If you want what is for sale you must either pay the negotiated price or go without.
Fair market value in this present down housing market would hardly be a “ Fair Price” to pay for property which the owner has been paying taxes and maintenance on in addition to their own mortgage, interest, and insurance. The National news media stated this week that we are at the bottom of the housing market and likely to stay here for some time.
The key words used by Mr. Mathes in his interview were “Eminent Domain is an emotionally charged issue that gives governments or governmental agencies the right to force property owners to sell their land at fair market prices“. (What is the definition given to the public for the IDA??? Isn’t it considered to be a private corporation? ) Why does the Government have the right to force you or anyone to either relinquish ownership or sell property for less than the asking price to private industry? What has happened to our property owner rights under the Constitution of the United States?
During a Zoning Implementation Committee meeting a concerned citizen asked Denise Hartman a committee member and friend of the Mayor about the Eminent Domain ruling in Connecticut. Denise Hartman who is an Assistant Attorney General indicated that she had never heard of the ruling and was sure something like that would never happen in New York State. Former Deputy Mayor Chris Pfister stated he doubted it would happen in Athens. When the CCA mentioned the Eminent Domain ruling in a news paper article, Mayor Smallwood’s rebuttal was “The Concerned Citizens are over reacting”.
Well here it is “EMINENT DOMAIN” and the IDA is considering a location in Athens.
Mr. Mathes says they have not used eminent domain in the past but it could be considered an option in a year or so. It sounds like a scare tactic right now but believe me it is real and it will happen. He assures us they are not looking to take over privately owned homes. My question to them is” what if the commercial property they wish to acquire is not big enough to accommodate the project. If the property is in a commercial/ residential district where there are private residences, will they then consider taking the private homes to accommodate their needs? “Perhaps it is time for everyone to open their eyes, show concern and voice their opinion before it’s too late Politicians need to know that the voters are not in favor of our Property Rights being taken away so that a few people can profit on Real Estate deals. We as Concerned Citizens must never give up the rights our forefathers promised us in the Constitution and the Bill of Rights.
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