Re: [UC] Another "take" on historic designation

[MLamond]

Aren't they usually trying to TAKE old buildings, and REPLACE them with new superstructures?  I think the threat of eminent domain is a reason to have a historic district in place, as a preventative measure.

I'm sure you're more familiar than I am with the casino property built around one hold-out non-seller's house in Atlantic City, though I don't know if eminent domain was involved there.  And right now, there's the fight in the Ardmore, PA business community just west of us about "taking" a section of viable stores as part of an expansion of a transportation hub, where the town won't get the state or federal money, I forget which, for the transit improvements unless they add in more new stuff around it, necessitating the "taking" of the location, the old buildings, now housing people's successful businesses.

Melani Lamond

In a message dated 12/3/04 10:05:25 AM, [EMAIL PROTECTED] writes:

A new book by Stephen Greenhut about the way cities are using eminent domain ("Abuse of Power: How the government misuses eminent domain") has some interesting implications for the historic designation debate in this community and throughout Philadelphia. The two concepts are very closely related, since both rise or fall on the interpretation of the "takings" clause of the Fifth Amendment. And you'll see some parallels between what's in this book and what's gone down in the 'hood.

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From a review of the book (If you want to read the whole thing) �on http://www.lewrockwell.com/french/french24.html:

"... the mention of eminent domain - the power of the state to take private property for public use upon compensating the owner - will typically be met with either bored indifference or a blind justification for the process. People 'rarely doubt the legitimacy of eminent domain.'

"Local governments are especially adept at demonizing property owners who fight eminent domain actions, painting them as greedy obstructionists who are standing in the way of community economic progress.

"... many heroes�... fight city hall to keep their property, or obtain reasonable compensation. But, most times these people fight lonely battles against town leaders and government bureaucrats, while their fellow town folk are either rooting against them, or ignorant as to what is happening.

"Every city in America is looking for ways to generate more cash flow. Government officials attend conferences and workshops on how to creatively milk more tax money from the electorate. Eminent domain is now a strategy to improve the cash flow of a municipality. A big retail store will generate more tax revenue than a row of older homes or a church. So, declare the present use as "blight," take the property, and in turn, hand it to a national retailer, and your cash flow problems are solved.

"'They are ... interfering with the natural process by which communities improve themselves, and doing it in the name of promoting economic development, by cleaning up blight.'