Tag Archives: Eminent Domain

Eminent domain and land takings: private gain, yes; public benefit, no.

As we wait for Governor O’Malley’s promised 8000 jobs to materialize to benefit the public in the Johns Hopkins eminent domain-driven expansion into 88 acres of Middle East Baltimore, a recent publication in regard the benefit of eminent domain is of interest.

“Given the controversy surrounding the Kelo decision and the potential implications for long-run economic growth, it is worth investigating the effects of eminent domain for private
benefit. This paper contributes to the current literature by empirically examining the effects on government revenue and revenue growth. …Ultimately, we find virtually no evidence of a statistically significant positive relationship between eminent domain and the subsequent level of state and local tax revenue. In contrast, we find some limited evidence of a statistically significant negative relationship between eminent domain and the subsequent growth of state and local tax revenue. These results are robust across a variety of specifications.
Our results contradict one of the primary arguments often made by politicians in favor of eminent domain activity (and cited as a constitutionally valid justification by the Supreme Court)—that it will increase revenue. One possible explanation for that contradiction is that economic impact studies of new local developments are often plagued by double counting and the omission of opportunity costs. As a result, the subsequent impact on the local economy, and therefore on government revenue, is often much lower than anticipated. While much further work is needed in this area, one implication of our results is that voters ought to be much more
skeptical about politicians’ and developers’ claims regarding the revenue impact of eminent domain activity for private purposes.”

Takings and Tax Revenues: Fiscal impacts of eminent domain.

While private benefit to private developers is consistently clear in redevelopment in our abandoned communities mediated through tax breaks and credits, loans and grants, and contract favoritism and cronyism, Harvey’s analysis of the dispossession of black and brown communities during the foreclosure crisis provides a necessary comparison. He asserts that the 40-80 billion in assets lost in the African American and Latino/a communities during the foreclosure crisis parallels the 40-80 billion gain for the Wall Street gang during the same time period. These relationships of wealth lost through dispossession of land in black and brown communities and wealth gain in private corporations must be quantitatively confirmed. Because we know such studies will not be initiated by government-who facilitate private capital in wealth dispossession of our most vulnerable-it is up to community-driven organizations, think tanks, and community activists to take it up. Waiting for those who steal from the poor to tell us exactly how much they gained from their thievery does not benefit the poor.

David Harvey

The displacement of the people in Middle East Baltimore was trumpeted by politicians and Johns Hopkins, the Annie E. Casey Foundation and its sister followers as benefiting those impacted by historical segregation and systematic disinvestment. The health of the people would be impacted positively was the consistent media soundbite. Some studies continue to affirm that voluntary relocation of residents during development provides a positive impact on health, greater in some than others. However, a careful analysis of all of the impacted residents in communities targeted for redevelopment shows a different picture. Research by Sabriya Linton and others confirm that drug activity which was previously localized in the Middle East community before displacement/redevelopment was decreased after displacement but correlated with an increase in drug activity in neighborhoods where residents were relocated-shown by number of calls for narcotic services. Such data confirms the historic and current redevelopment practices which intend only to remove the ‘faces of poverty’ but not to help or remediate the causes or social or health consequences of poverty. This study shines light on the disrespect of and lack of benefit to local residents by the powerful stakeholders who ignored the organized efforts of residents of Middle East Baltimore demanding greater benefit for their entire community, social programs to help those in need, and work force development processes which would ready their community to benefit from the redevelopment. This research by Lipton adds to the data showing the intention and result of this redevelopment project of Johns Hopkins and its development proxy, EBDI, to ignore and displace its existing community partner in an attempt to expand to attract a whiter and richer population to be its neighbors-gentrification.
S-1. Linton et al. J Urban Health 2014

These data offers us evidence of the capitalist means of expansion-through dispossession of land and human right to health and safety- mediated by a premier hospital and research and teaching university willing to ignore the health and social needs of its community neighbor. We are offered a glimpse of the definition of what so-called anchor institutions actually intend to carry out in the communities they inhabit.(submitted for publication, From Anchor Institutions to Anchored Communities: Displacement, Ethics, and Countering the Threat to Public Health Lawrence Brown et al). In fact, this pattern of development through displacement dates back more than a century and continues today under new labels: urban redevelopment, community revitalization, RAD, Choice neighborhoods, HOPE VI, Promise zones- mediated not through industrial capital but private:public partnerships and neoliberal practices.

Participatory democracy: right-to-vote, right to participatory development, and the right of government to prevent foreclosure

Right to vote in Hong Kong

Assuring democracy in countries which claim democratic governments is already difficult! What about countries which make no qualms about non-democratic systems of government? The current struggle in Hong Kong for voting rights in Hong Kong’s upcoming election is just that. Residents of Hong Kong are demanding that they have representative vote of their region’s interest in the new chief executive-governing leader- and have been ignored by the powerful government bodies of China and Hong Kong. (1) In response students in Hong Kong have taken to the streets and occupied them, initially called Occupy Central. This has expanded to the general public now called ‘the Umbrella Revolution or Movement’. Their intention is to gain support for their demands for some form of participatory democracy. This past weeks’ demonstrations witnesses this struggle and has garnered solidarity across the globe-from US to Germany, Australia to Belgium, UK to Canada. (2) In spite of such massive turnouts and show of people power protesters have met with violence from the police authority as well as anti-democratic thugs. The occupation of public space continues today with people camping on streets as Hong Kong demands public / human rights to determine their lives-participatory democracy. (3)

Right to equal participation in development in DC and Baltimore:participatory development

In the District of Columbia, public housing residents have been organizing and demanding that the city government and housing authority stop development which threatens their displacement and continue gentrification. OneDC, a local grassroots organization has led the momentum for resident-owned and -driven development for many years. Now they confront city officials to demand that they are part of all development plans which involve their community. (4) Such a demand, representation in decisions that affects your life, seems quite reasonable and certainly would be an assumption for those in power. But for these same individuals who make decisions for public housing residents, their exclusion of residents from planning seems to suggest that these rights should not be afforded to low-income and of-color communities. Such blatant discrimination in housing and community development and urban planning in the US is meeting greater challenge as evidenced by OneDC’s challenge to the powerful stakeholders’ deciding the faith of public housing residents in the ‘People’s Platform’. (4) They are demanding participatory development.

In Baltimore, RHA (Right to Housing Alliance) and residents have led the charge to assure HUD’s recent program to privatize public housing (RAD, Rental Assistance Demonstration) does not leave residents with no rights. While some have called for minimizing or removing private capital from this demonstration project, Baltimore has demanded that residents remain a direct party in the decision-making between management and tenants. (5,6) Even though everyone would expect such a right, HABC appears to feel that public housing residents should relinquish their rights to decision-making in their homes. Such discrimination by Baltimore’s city leaders, supported by neo-liberal policies and programs of the US continue to assure that those without power remain separated from and at the mercy of those with power. RHA has organized and rallied in support of more transparent decision-making and negotiation on contracts being formulated for private developers-demanding participatory development. (6, scroll down for full article by Cohen).

The development for community equity has not found a foothold in Baltimore as yet, but we have hope that participatory development will rise up in Baltimore. The recent project announced in Sharp Leadenhall could potentially lead to more gentrification or equity: dependent on resident’s organizing and assuring a place at the decision-making table with a Community Benefits Agreement in hand for negotiation. (7) Anything else would leave too much dependence on the developer to make a ‘good-faith’ effort to accomplish in regard benefit to existing community. In the past, these ‘good-faith’ efforts, whether in legalize or verbal, have amounted to nothing. This is evidenced by the current Hopkins/EBDI/Casey development in East Baltimore which continues to project moderate and market rate housing, more Hopkins buildings, a school to attract higher income residents, a hotel and a park intended to benefit new residents while affordable housing or permanent employment for local residents remain missing. East Baltimore residents may well heed West Baltimore’s lead in suing the state of Maryland for development of transit-Red Line train system- which excluded their participation in deciding on a route which will disrupt their community and cause harm. (8) All of these development projects continue to receive large government subsidies in the form of new market tax credits, state grants and loans, TIFs, and PILOTs. The city of Baltimore could easily assure that these government subsides make their way back into the pockets of residents by legislating affordable housing in each development is assured for 99 years, a living wage is paid by all new businesses which receive government subsidies, and mandating local/co-op business ownership in each development area. New York City recently legislated a realistic living wage mandate for development and businesses which receive more than $1 million in city subsidies. (9) The current wage of $7.25/hr required by law in the state of Maryland will do absolutely nothing to lift working class people out of poverty, if they benefit from employment in new or ongoing development projects-some ongoing development projects are exempt from recent local-hiring mandates exempting major developments that have benefitted unfairly from public subsidies such as the Hopkins project in East Baltimore. Until we revolutionalize the accepted unjust and neo-liberal policies and practices governing housing, community, and economic development in Maryland we will continue to grow the health and wealth disparity gap in Baltimore, already ranked in the top 10 (of 50 big cities) in regard income inequality. (10)

Government can prevent foreclosure

Across the US citizens affected by the foreclosure crisis-an outcome which was enabled by the banking industry and real estate groups- are demanding their rights through legal strategies. Several cities are challenging the courts to allow city governments to use eminent domain to take late or default mortgages and negotiate with residents for a more affordable rate. For example, New Jersey admits that this strategy may force banks to negotiate with owners for fear of their mortgages being taken by the city through eminent domain. (11) Richmond, California has already implemented eminent domain to seize mortgages greater than the value of homes with San Francisco pending a decision next week on similar strategies. The two cities are considering pooling resources and promoting a national movement toward taking underwater mortgages back from lenders and offering home owners a more affordable mortgage. (12) The use of eminent domain in this way forces lenders who participated in driving up the housing market through loans based on ghost collateral to re-negotiate in more just ways with those they offered credit. City governments willing to stand up for public rights welcome in a new era of democratic participation through public offices. Cities which continue to document foreclosure challenges, like Baltimore, would benefit from similar strategies for participatory democracy. (13)

participatory democracy

1. Live stream from Occupy Central / Umbrella Revolution in Hong Kong
2. Solidarity for Hong Kong across the world
3. Ongoing coverage from Hong Kong news sources
4.People’s Platform for an Equitable DC
5. Rental Assistance Demonstration Program
6. Right to Housing Alliance, RHA
7. Proposed mega-project in Sharp-Leadenhall get tentative support
8. W. Baltimore homeowners sue state to block Red Line
9. DeBlasio to raise living wage
10. Gentrification, inequality, and the paths toward housing equity.
11. New Jersey Mayor address foreclosure problems
12. San Francisco to decide on eminent domain to prevent foreclosures
13. 2007-2013 foreclosure data in Baltimore, MD

Eminent domain in the news…

illustration

Governor Christie of NJ hands over eminent domain power to universities’ then pleads ignorance…[not unlike the current governor of Maryland handing over the power of eminent domain to the Johns Hopkins University, a PRIVATE university! to boot]

“Governor forgets law”

The Kelo decision and economic development for the powerful; if overturned can EBDI, Hopkins, Casey, and the city of Baltimore be sued retroactively for outcomes that favor one developer’s economic benefit? Food for mindful munching…

“Kelo today”

“Scalia on Kelo”

“Eminent domain and private rights”

“In-depth story on the effects of eminent domain in New London today”

Economic and community development patterns in the news…

Redevelopment tool needs tune-up
Redevelopment tool needs tune-up

What economic development transparency should look like
http://www.mackinac.org/19511

Sacramento seeking to file eminent domain suit for arena property
a sports arena and eminent domain powers

Sacramento seeking to file eminent domain
The ‘greater good of community from a sports arena’ yes?

Bill would give Rowan-Rutgers partnership new powers
Eminent domain powers in the hands of university boards

US 19E Road Widening Leaves Property Owners With Questions, Concerns of Lost Value
Eminent domain and the ‘second check’

Richmond battles banksters to save homeowners from foreclosure
Eminent domain and foreclosure in Richmond

Scottsbluff board OKs use of eminent domain
College to use eminent domain powers

Study Circle Pamphlet: Race and class determine ‘who gets the land’

Dear friends,

The link below will allow access to a web version of a pamphlet developed for study circles addressing community organizing and community rebuilding in Middle East and East Baltimore. The ‘points of reflections’ on the last pages uses the book as a resource.
There is also a print version of this pamphlet which will print into a 2-sided pamphlet, front to back, and can be stapled for convenience. Please be in touch with me if you would like access to the print version.

Please use as a tool on this path of changing the status quo of rebuilding disinvested and abandoned communities for the white and middle and upper classes while neglecting low income and historic communities of color-and the acute and long-term trauma caused by these oppressive and discriminatory practices.

In spirit!

RebuildingMEBaltimore_PamphletWEB_FINAL2.pdf>

Rebuilding Middle East Baltimore:
Race and class determine ‘who gets the land’
Marisela B Gomez
www.mariselabgomez.com

Images: Groundbreaking for Hopkins student housing during 2 rebuilding projects in East Baltimore (1956 Broadway Redevelopment Project, black and white photo; 2001-current Johns Hopkins and EBDI Development Project, color photo). In both, more than 800 households, of low income and African American people, were displaced to make room for Johns Hopkins expansion. The legacy of this history of power imbalance continues today, in the people and the spaces of East Baltimore.

July 27 – August 2, some news

Eminent domain’s changing role:

Attempt by California to use eminent domain to take private ‘property’ and resell to private owners for a public benefit…
buy foreclosed mortgages from private lenders at ‘current’ fair market value and resell to homeowners at a presumably lower value…a new take on community rebuilding!

The Huffingtonpost references other sources and offers the dialogue re banks’ threat at redlining yet again. Whether it happens or not, it’s another revealing process of how the power structures threaten to maintain their power, their lobbying force, and their partners!

http://www.huffingtonpost.com/peter-dreier/wall-street-lobbyists-nervous_b_3679422.html

Truth Out breaks down the math on the ’eminent domain’ loan buy-out
http://www.truth-out.org/opinion/item/17918-eminent-domain-to-save-homeowners

Development and dispossession:

Resisting dispossession of land for development: residents who refused to move! What can we learn from this?

http://abcnews.go.com/International/slideshow/stubborn-nail-china-residents-refuse-move-19827908

Back in Maryland, Johns Hopkins strikes again:

Residents resist Johns Hopkins dictating transit route for proposed Corridor Cities Transitway in Montgomery County.

hhttp://www.gazette.net/article/20130731/OPINION/130739913/1014/cct-needs-an-alternate-route&template=gazette

Urban renewal, dispossession, and reparations?

In Madison Wisconsin residents file complaint with Civil Rights Division of the Department of Justice for racist and discriminatory behavior by the city in refusing to investigate an Urban Renewal Project 50 years ago where blacks and others were displaced.

Read more: http://host.madison.com/news/local/govt-and-politics/african-american-community-leader-files-complaint-against-city-paul-soglin/article_58e2cd8d-ce8c-56d3-8a42-ca85189e5659.html#ixzz2ap67LlfQ