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| SCOTUS Great Land Grab - Oakland |
| 2005-07-05 |
| Last week's U.S. Supreme Court ruling approving a Connecticut city's plan to take private land by eminent domain may seem far away. Coming to a corrupt city government near you! But to John Revelli, whose family has operated a tire shop near downtown Oakland for decades, the implications hit home on Friday. A team of contractors hired by the city of Oakland packed the contents of his small auto shop in a moving van and evicted Revelli from the property his family has owned since 1949. So long, and thanks for all the tax dollars! "I have the perfect location; my customers who work downtown can drop off their cars and walk back here," said Revelli, 65, pointing at the nearby high- rises. "The city is taking it all away from me to give someone else. It's not fair." No, it isn't. Get used to it. The city of Oakland, using eminent domain, seized Revelli Tire and the adjacent property, owner-operated Autohouse, on 20th Street between Telegraph and San Pablo avenues on Friday and evicted the longtime property owners, who have refused to sell to clear the way for a large housing development. The U.S. Supreme Court's 5-4 "The city thinks I cause 'economic blight' because I don't produce enough tax revenue,'' Revelli said. "We thought we'd win, but the Supreme Court took away my last chance." and there is only one way to change that. The two properties, which total 6,500 square feet, were being forced to move or sell because their businesses are on a larger section of land that is slated for the Both Revelli Tire and Autohouse, owned and operated by Tony Fung, are on the northern edge of the project in the 400 block of 20th Street, which is also called Thomas L. Berkley Way. The eviction came as no surprise to Revelli and Fung. The city has designated their block as a redevelopment area for about 20 years. Before approving the Uptown Project last year, the city considered putting in a shopping mall, then an arena for the Golden State Warriors and later a ballpark for the Oakland Athletics. Another thing we need more of in this world, sports arenas... The decision to build market-rate housing on the site, subsidized by $61 million in city redevelopment funds, is the keystone in Mayor Jerry Brown's plan to revitalize downtown Oakland by putting in homes for 10,000 new residents there. "This is the part of redevelopment everyone hates," said Hamid Gami, who is coordinating the relocation for Oakland's Community and Economic Development Agency. "It's tough. They're Gami said he hopes to work out a settlement with Revelli and Fung. News flash Mr. Mayor, tossing them out on the street is NOT a settlement. The business owners said they clung to hopes that the eminent domain decision might be overturned in court or that they could persuade the city to build the project and leave them alone. "All those new residents will need someone to work on their cars," said Revelli, who has been working in the shop since he was in third grade helping his dad and uncle. "I don't want their money. I don't want to move. I just want to work right here." Welcome to the Socialist States of Amerikka Most of the other businesses closed their doors and left in the past two years. The only other holdout, Chef Edward's Barbeque, is expected to reopen about a block and a half away. Fung and Revelli said the money offered by the city, about $100 per square foot plus relocation costs, was insufficient, saying the real estate boom has priced them out of nearby properties. They own their properties outright and have operated with low overhead. "John works alone; I have one technician working with me -- that's it, '' said Fung, who bought his 2,500-square-foot shop in 1993. "The cost of buying or leasing a new site is prohibitive. The money the city offered me does not cover it." Revelli, who has worked alone for the past 35 years, said no other location is as good as what he is losing. "My customers are mainly women who work in the offices downtown. They can take BART if they have to leave their cars overnight," Revelli said. "There's really no equivalent location around here." Both men said Friday that losing their businesses was like losing a piece of themselves. "I've worked here full time since 1959, and I looked forward to coming to work every day," Revelli said. "I'm not ready to retire, but the city forced me into this. I don't have many options." Fung, who is in his late 40s and raising his children, said retirement is not an option. "I'm an immigrant from China, and this has been the fulfillment of my American dream," Fung said. "I worked hard. I played by the rules. But now it's all gone. I've got to start all over." That is the problem. The rules you played by were 100 years old and changed to profit the wealthy and powerful. I am a capitalist, but people shouldn't be screwed out of their livelyhood. Lots more stories like this in the future, mark my words. Especially since a lot of city government leaders are also developers. Google the Forest City Residential West, Inc. and you can see that Albert B. Ratner, who is the co-chairman, gave thousands more to the the Democratic Congressional Campaign Committee. He also donated to....Nancy Pelosi, the minority leader who thought the SCOTUS Kelo desision was wonderful. A sad, sad day for freedom in the US. |
| Posted by:mmurray821 |
| #13 California Uber Alles I am Governor Jerry Brown My aura smiles And never frowns Soon I will be president Carter power will soon go away I will be Fuhrer one day I will command all of you Your kids will meditate in school California Uber Alles Uber Alles California Zen fascists will control you 100% natural You will jog for the master race And always wear the happy face Close your eyes, can't happen here Big Bro' on white horse is near The hippies won't come back you say Mellow out or you will pay California Uber Alles Uber Alles California Now it is 1984 Knock knock at your front door It's the suede/denim secret police They have come for your uncool neice Come quitely to the camp You'd look nice as a drawstring lamp Don't you worry, it's only a shower For your clothes here's a pretty flower Die on organic poison gas Serpent's egg's already hatched You will crack, you little clown When you mess with President Brown California Uber Alles Uber Alles California -The Dead Kennedys |
| Posted by: Secret Master 2005-07-05 18:34 |
| #12 He "donated" small parts of his property to famous persons, including the Dalai Lama, the Pope and... heh... Mikhail Gorbachev. You know TGA, you may have something there. |
| Posted by: Secret Master 2005-07-05 18:27 |
| #11 I wanted to mention here that former CA GOV Jerry "moonbeam" Brown is the current Under-Furher of Oakland. |
| Posted by: Cyber Sarge 2005-07-05 18:25 |
| #10 He "donated" small parts of his property to famous persons, including the Dalai Lama, the Pope and... heh... Mikhail Gorbachev. lol! goddam brilyent! :) |
| Posted by: muck4doo 2005-07-05 17:46 |
| #9 $100/sq ft is theft! I had some contractor quote me that $225/sq ft is a good estimate for new residential construction here in CA and that DOESN'T INCLUDE THE UNDERLYING LAND. |
| Posted by: Leigh 2005-07-05 17:42 |
| #8 The nmost worrisome thing in that respect is that in the US, corrupt city officials can make deals that would be impossibe in Germany. Expropriations that favor a private company would be extremely time consuming and face steep legal hurdles. I remember that there was a case in a smaller Bavarian town. The mayor conspired with a private construction company to expropriate a private owner with dubious methods. When all recourse seem to have failed the owner had an idea. He "donated" small parts of his property to famous persons, including the Dalai Lama, the Pope and... heh... Mikhail Gorbachev. The city found that it would be a lot of trouble and time to "expropriate" the Pope... The guy still has his property... |
| Posted by: True German Ally 2005-07-05 17:38 |
| #7 100 bucks a square foot? New construction in that area is many times that. They are going to push the wrong person and there will be hell to pay. |
| Posted by: Sock Puppet 0’ Doom 2005-07-05 17:26 |
| #6 And why shouldn't they? Because city councilmen cost good money, bub! |
| Posted by: Land Developer 2005-07-05 17:24 |
| #5 I did some read up on the situation here in Germany. The German Basic Law stipulates that expropriations are only possible when it's done for the "public good" (Gemeinwohl). While this seems to be a rather broad brush, it is practically nearly impossible for private businesses to get an expropriation of private property. If the project serves the "public good" or "public welfare", this has to be defined by law. Generating more taxes or creating jobs will not do. Typically almost all expropriations happen to realize public works: mainly streets, water supply etc. A private housing development? Quite impossible. If you want it, buy it. And if the owner want 3 times of the market value, you pay it. Some got lucky this way. And why shouldn't they? |
| Posted by: True German Ally 2005-07-05 17:20 |
| #4 The Big Wheel gonna run over some folks, methinks. |
| Posted by: .com 2005-07-05 17:06 |
| #3 I forgot to put in the article: Hat tip to Vodkapundit for the link and google information. |
| Posted by: mmurray821 2005-07-05 17:04 |
| #2 Two words that are going to become a verb: Carl Drega As in "To get Carl Drega on his ass." www.geocities.com/northstarzone/drega1.html |
| Posted by: Secret Master 2005-07-05 16:49 |
| #1 I wonder if SCOTUS realizes what they did. The goofiness of trying to take Souter's house for a tourist hotel is only the tip of the iceberg. Some city bureaucrat is going to try this with the wrong person. There will be violence, then jury nullification at a trial. That blood will really be on the hands of the five doofuses in black robes in DC. |
| Posted by: BigEd 2005-07-05 16:32 |