Tuscaloosa, AlabamaÕs Willing Sellers ?
(Only A Partial Victory)
According to the Tuscaloosa News, the City
Council of Tuscaloosa relented last week in their attempts to take private
property by eminent domain seizures and then re-sell it to private developers.
Because of intense public pressure, the City Council passed a ÒresolutionÓ
stating that they would only buy property from willing sellers.
We should all be greatly relieved and rejoice in our victory! Or should we??
The City Council also said that they ÒstillÓ
fully intend to implement the Tuscaloosa Comprehensive Plan. This comprehensive
plan is a powerful governing document, (the big picture for urban renewal)
whereas a resolution, like the one they passed, is only a flimsy non-binding
statement.
So, last week the city of Tuscaloosa said they
had changed their minds on eminent domain. What is to prevent them from
changing it back again next week, or next year? What if, when the cameras and
the microphones disappear, so do the promises?
And even if they stopped Òtaking propertyÓ by
eminent domain, I for one take little comfort in The City CouncilÕs statement
promising to only buy property from Òwilling sellers.Ó No one who really
understands what that term means would find refuge in such a statement.
In spite of its apparent meaning, the term
Òwilling sellerÓ does NOT mean that the owner wishes to sell or that he
received fair value for what he is selling. The term Òwilling sellerÓ means
only that the owner is ÒwillingÓ to acquiesce or comply with the terms of
transfer of title.
To understand this more clearly, consider the
following situation. Suppose that some night you are walking down a dark street
alone. Suddenly a mugger steps out of an alley and sticks the barrel of a Colt
45 revolver in your right ear, pulls the hammer back and demands your wallet;
at that point you have a decision to make. You will probably decide to become a
Òwilling contributorÓ to the muggerÕs financial assets. You do not want to give
him your money, but the alternative is far more grim. You became a (willing)
victim of theft in order to avoid becoming the victim of murder.
Tuscaloosa citizens must realize that these
so-called willing sellers can be created by governmental force. A business can
have all access to its property cut off, starving it of clients and driving the
owner into bankruptcy. New regulations can be imposed in such a way as to drive
the cost of doing business beyond economic survival. Property taxes can be
increased drastically, destroying oneÕs profit margin.
As described above, the term Òwilling sellerÓ
doesnÕt necessarily mean that you are willing to sell, it may just mean that
you are more afraid of the alternative. Borrowing a line from the Godfather, they may make you an
offer that you canÕt refuse.
Eminent domain seizures and forced sales of
property are only the symptoms of the disease that plagues the citizens of
Tuscaloosa. The disease that attacks them is the Tuscaloosa Comprehensive Plan.
An estimated one hundred million dollars, in the form of federal grant money,
is the agent that spreads the disease.
To have any lasting protection, property owners
need to have the Tuscaloosa Comprehensive Plan rescinded, or at the very least
re-written in such a way that private property rights are permanently protected
from government over-reach and abuse. Private citizens also need to call
Senator Richard Shelby (in Washington: 1-202-224-5744 / in Tuscaloosa:
205-759-5047) and tell him about the destruction that these federal grants are
bringing down on local residents. IÕm sure that this was never his intent. Ask
him to stop, or at least narrow the focus of, these destructive federal grants.
In America we donÕt steal any manÕs property or
the fruits of his labor. When something like this happens ordinary citizens ask
why? I believe that if we follow the money trail long enough we will find the
greed and lust for power behind the public platitudes.
If you slop enough money around, some of it will
spill out of the bowl, and somewhere the Òfat catsÓ are waiting to lap it up.
Ken Freeman, Chairman
The Alliance For CitizenÕs Rights