Eminent Domain vs Unpopular Companies
I never thought I would see the day when Eminent Domain would be used against an American Citizen to take away their house when it is not 'blighted' or condemned, but that has happened thanks to the Supreme Court.
Now, we have moved farther into Eminent Domain to where if you are an unpopular company and the city no longer wants you around, they will try and take the land you occupy by use of Eminent Domain, even if the company is not abandoned property, and tries to substanially conform to your wishes.
What company?
Why, Walmart of course.
So, if read correctly, Walmart buys the land from the city in the first place, seemingly through another developer with the express purpose of building a shopping center:
After the sale was completed, now the city wishes to change its mind (presumably because they found out it was Walmart) and offered to buy the land back, which Walmart refused, but Walmart submits a proposal to a building that "substantially conforms to city requirements."
Ignoring the proposal it seems, and moving to trying (considering) taking Walmart by Eminent Domain instead. Company refuses to sell, but tries to conform to what you want, and you wish to wrest the ownership of the property away by force, not because it is abandoned or delapitated property, but because it will obstruct your VIEW of the Bay?
It sounds as if the business and retail projects surrounding this build is sorely needed for the town, while the city is playing politics for a view of the Bay, even when Walmart has sumbitted a revised proposal that would substantially meets those requirements.
This has to be one of the worst decisions the Supreme Court has made in history, allowing for the circumventing of Private Ownership, based on what a group of people think they can get for your property, whether it be Private Home Ownership or Business Ownership.
This needs to either be reversed or the STATES need to enact Laws that forbid these type of actions against Private Homeowners and Business.
Now there are citizens who do not like Walmart, Friends of Hercules, and they cast Walmart in the worst possible light, some of the pictures showing garbage floating around, and granted some are like that in the worst areas, but the majority of the Walmarts I have seen they have employees that clean the parking lot.
Also, the garbage that floats around is from the baskets the citizens that use the Walmart, which in this case would be the City of Hercules, so if garbage is floating around in the Walmart parking lot there, it would be because it's own residents do not know how to clean up after themselves.
I believe this would be misplaced anger in the first place, since it should be directed at the City Council that sold the land for development to Walmart in the first place. Either way the deal is done, land title has changed hands and sale completed, the only thing they really should be able to do is possible zone the area to certain specifications, and make it extremely difficult for Walmart to really expand.
If you are able to show that Walmart would not be able to expand, or do much of what makes Walmart the business it is, then Walmart very well could reconsider. Active protests and petitions of residents opposed, that show that Walmart would not be getting a profit from that area would do well in possibly changing Walmart's mind on building there. But to even think of using Eminent Domain to get back land you sold in the first place is rediculous, and could hopefully have the State stepping in not to deal with Walmart but to deal with the illegal use of Eminent Domain, and possibly lawsuits filed by Walmart itself.
Friends of Hercules posts an article on Walmart even scaling down and conforming to the wishes of the city:
Even showing that they took all concerns of the city into consideration (Drat that Evil Walmart - How Dare they Listen!) and addressed each concern the city had, conformed and exceeded what the City's expectations were.
Posted on Friends of Hercules website is the information to contact the City Council:
(Side Note: This has been reposted from the Friends of Hercules website, it is public knowledge, and you can do one of three things, Ignore it, Write and encourage the Citys Actions, or write and voice your displeasure with their handling of this. If you write, I encourage you to be polite in voicing your opinion one way or another.)
Part of the reason this group is against Walmart, is not because of the agreement which Walmart has gone out of its way to conform to what the City wanted, but, well, because it is WALMART!
Listed reasons:
Yet only Walmart is subjected ot this critique?
Fast food places, restaurants, retail outlets, they all pay nearly the same in most circumstances, and people have to work two jobs to make ends meet or have help with assistance. Why is it only Walmart that this arguement seems to apply to?
Another thing to consider is this, if conditions are so bad at Walmart, why do they always have people that will fill the positions for work?
Walmart might attract 'undesirables' to the community is essentially what that means.
Walmart will bring in businesses but look at the type of businesses that they have normally associated with them! Evil Subway such a generic blue collar food place, and H&R Block what do we need a tax place for, we have accountants to help uscheat on do our taxes, and why EB Games will bring in kids, can't have that, kids equal crime and gangs...
You can almost hear that type of thinking as you read this...
Now, we have moved farther into Eminent Domain to where if you are an unpopular company and the city no longer wants you around, they will try and take the land you occupy by use of Eminent Domain, even if the company is not abandoned property, and tries to substanially conform to your wishes.
What company?
Why, Walmart of course.
Link
HERCULES City to consider taking land from Wal-Mart
Prime bay property could be seized by eminent domain
The Hercules City Council will consider whether to use eminent domain to wrest a 17-acre property from Wal-Mart Stores Inc. after the nation's largest retailer rejected a city offer to buy the site with views of San Pablo Bay, city officials said Thursday.
The council asked that a "resolution of necessity'' be brought to it for discussion, City Manager Mike Sakamoto said. The matter has been put on the council's May 23 agenda. Efforts to reach council members about Thursday's announcement were unsuccessful.
Wal-Mart bought the property overlooking central Hercules in November after another developer received city approvals for a neighborhood shopping center.
In February, city planners recommended denying Wal-Mart's proposal for a big-box store on its property, saying the plan was not in keeping with what had been approved for the location, which commands a view of one of the Bay Area's most vaunted New Urbanist communities, with pedestrian-oriented streets and large open-space set-asides, as well as sweeping views of the bay.
The company withdrew its application before it went to the city Planning Commission. In response, the City Council voted to make an offer for the land for an undisclosed amount of money.
On March 31, however, Wal-Mart submitted a new application that it said substantially conforms to city requirements. The same day the company submitted its revised proposal, Councilwoman Charleen Raines was hardly welcoming, although she said she had not read it.
"What the council has said is that we want to buy the property,'' she said, describing the tussle with Wal-Mart as a "David and Goliath'' struggle. "At this point, we're concerned about moving ahead on this property. It's been hanging over us for a long time.''
Wal-Mart's new proposal, which is still hotly opposed by some residents, calls for a general retail and grocery store, as well as a pedestrian plaza, two outdoor dining areas and other small shops and general merchandise stores, including a pharmacy.
"We're disappointed that the city is really playing politics with the future of Hercules rather than looking at the big picture,'' company spokesman Kevin Loscotoff said.
"Many residents of the city who we've talked to are frustrated and anxious for this much-needed retail project to move forward.''
So, if read correctly, Walmart buys the land from the city in the first place, seemingly through another developer with the express purpose of building a shopping center:
Wal-Mart bought the property overlooking central Hercules in November after another developer received city approvals for a neighborhood shopping center.
After the sale was completed, now the city wishes to change its mind (presumably because they found out it was Walmart) and offered to buy the land back, which Walmart refused, but Walmart submits a proposal to a building that "substantially conforms to city requirements."
Ignoring the proposal it seems, and moving to trying (considering) taking Walmart by Eminent Domain instead. Company refuses to sell, but tries to conform to what you want, and you wish to wrest the ownership of the property away by force, not because it is abandoned or delapitated property, but because it will obstruct your VIEW of the Bay?
Wal-Mart's new proposal, which is still hotly opposed by some residents, calls for a general retail and grocery store, as well as a pedestrian plaza, two outdoor dining areas and other small shops and general merchandise stores, including a pharmacy.
"We're disappointed that the city is really playing politics with the future of Hercules rather than looking at the big picture,'' company spokesman Kevin Loscotoff said.
"Many residents of the city who we've talked to are frustrated and anxious for this much-needed retail project to move forward.''
It sounds as if the business and retail projects surrounding this build is sorely needed for the town, while the city is playing politics for a view of the Bay, even when Walmart has sumbitted a revised proposal that would substantially meets those requirements.
This has to be one of the worst decisions the Supreme Court has made in history, allowing for the circumventing of Private Ownership, based on what a group of people think they can get for your property, whether it be Private Home Ownership or Business Ownership.
This needs to either be reversed or the STATES need to enact Laws that forbid these type of actions against Private Homeowners and Business.
Now there are citizens who do not like Walmart, Friends of Hercules, and they cast Walmart in the worst possible light, some of the pictures showing garbage floating around, and granted some are like that in the worst areas, but the majority of the Walmarts I have seen they have employees that clean the parking lot.
Also, the garbage that floats around is from the baskets the citizens that use the Walmart, which in this case would be the City of Hercules, so if garbage is floating around in the Walmart parking lot there, it would be because it's own residents do not know how to clean up after themselves.
I believe this would be misplaced anger in the first place, since it should be directed at the City Council that sold the land for development to Walmart in the first place. Either way the deal is done, land title has changed hands and sale completed, the only thing they really should be able to do is possible zone the area to certain specifications, and make it extremely difficult for Walmart to really expand.
If you are able to show that Walmart would not be able to expand, or do much of what makes Walmart the business it is, then Walmart very well could reconsider. Active protests and petitions of residents opposed, that show that Walmart would not be getting a profit from that area would do well in possibly changing Walmart's mind on building there. But to even think of using Eminent Domain to get back land you sold in the first place is rediculous, and could hopefully have the State stepping in not to deal with Walmart but to deal with the illegal use of Eminent Domain, and possibly lawsuits filed by Walmart itself.
Friends of Hercules posts an article on Walmart even scaling down and conforming to the wishes of the city:
Wal-Mart has applied to build a scaled-down store in Hercules just two months after a plan for a bigger store fizzled.
The new plan calls for a 99,000-square-foot store with a full-service grocery. It would be part of a complex with almost 162,000 square feet of indoor retail space at the 17-acre, future Bayside Marketplace off John Muir Parkway about halfway between San Pablo Avenue and San Pablo Bay.
"We've addressed all of the issues that the city staff raised earlier in the year," Wal-Mart spokesman Kevin Loscotoff said. "We believe this is a great project, which conforms and exceeds what the city's expectations are."
....
Wal-Mart says its plan is consistent with the 2003 agreement by virtue of a provision that calls for up to 167,700 square feet of retail space for Bayside Marketplace.
Even showing that they took all concerns of the city into consideration (Drat that Evil Walmart - How Dare they Listen!) and addressed each concern the city had, conformed and exceeded what the City's expectations were.
Posted on Friends of Hercules website is the information to contact the City Council:
Let our city leaders know your thoughts
about the proposed Wal-Mart in our town!
Steve Lawton, Community Development Director, 510 799 8233
slawton@ci.hercules.ca.us
Michael A. Sakamoto, City Manager 510 799 8206
mike.sakamoto@ci.hercules.ca.us
Planning Commissioners 510 245 6529
Joe Eddy McDonald kimaremeik@aol.com
Tim Stauffer tm.stauffer@yahoo.com
Dale A Arriola hpc_dale@yahoo.com
Myrna de Vera MyrnaLdeVera@aol.com
Richard Mitchell richard_mitchell@ci.richmond.ca.us
City Council Members 510 245 6518
Frank Batara, Mayor fbatara@aol.com
Trevor Evans-Young TEY94547@yahoo.com
Ed Balico edbalico2@comcast.net
Charleen Raines charleenr@msn.com
Joanne Ward JWard@ci.hercules.ca.us
Hercules Chamber of Commerce 510-741-7945
(Side Note: This has been reposted from the Friends of Hercules website, it is public knowledge, and you can do one of three things, Ignore it, Write and encourage the Citys Actions, or write and voice your displeasure with their handling of this. If you write, I encourage you to be polite in voicing your opinion one way or another.)
Part of the reason this group is against Walmart, is not because of the agreement which Walmart has gone out of its way to conform to what the City wanted, but, well, because it is WALMART!
Listed reasons:
Members of the group have accused Wal-Mart of paying low wages and scrimping on benefits, forcing employees to depend on taxpayer-financed social and medical services. Others say the company exploits workers, especially women, in low-wage foreign countries such as China that supply its merchandise.
Wal-Mart has said the accusations are untrue and that it offers well-paying jobs with good benefits and good advancement opportunities, particularly for women, minorities and seniors.
Yet only Walmart is subjected ot this critique?
Fast food places, restaurants, retail outlets, they all pay nearly the same in most circumstances, and people have to work two jobs to make ends meet or have help with assistance. Why is it only Walmart that this arguement seems to apply to?
Another thing to consider is this, if conditions are so bad at Walmart, why do they always have people that will fill the positions for work?
• Wal-Mart will have an impact on the types of tenants that will choose to locate not only in the proposed main street retail on Sycamore Ave. but also in the other proposed retail centers near the Wal-Mart. (e.g. New Town Center, Waterfront District).
Walmart might attract 'undesirables' to the community is essentially what that means.
• Wal-Mart usually tenants retailers such as Dollar Joes, Check into Cash, Underdog Records, Subway, EB Games, Donuts/Coffee, H&R Block, Launderland, Popeye's Chicken, Wendy's, Yardbirds, Spa & Stove, Cingular, Cue & Brew and Water Wise. Given the City's General Plan goal to provide convenience and neighborhood serving retail That targets its population and its demographic characteristics, these are not the types of retailers the City should be pursuing.
Walmart will bring in businesses but look at the type of businesses that they have normally associated with them! Evil Subway such a generic blue collar food place, and H&R Block what do we need a tax place for, we have accountants to help us
You can almost hear that type of thinking as you read this...
posted by sanity | 2:13 AM
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