Monday, July 31, 2006
Joe Sun won't back down
I'm a little late in posting on this, but the city is currently in a land dispute with Joe Sun. They're gonna have to up their offer because it seems to me that trying to use eminent domain could take years and tons spent in legal fees and they might not win anyway. And yeah, K st. records is moving for sure and they don't know where.
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8 comments:
I'm not clear why Joe Sun can't stay where they are & have the development go up around them. Anyone?
When Jamie was working at K St Records, they were of the opinion that, while they didn't really want to move, they were at least getting a fair deal from the city in regards to their relocation costs. But then again, they just rented and also, a record store probably doesn't benefit from that particular location the same way Joe Sun does. Records, as far as I know, still hasn't found a new spot.
miller
Besides the whole ugliness of long-time businesses getting kicked out to suit a developer and chain businesses, what about the history of that part of K Street? It's sitting on top of a couple prime examples of the old tunnels and original city. In its wisdom, the Downtown Development Authority already destroyed a huge chunk of that when they put in the Downtown Plaza Mall in the 80s. If somebody new comes in, how likely is it that they'd preserve it or that they'd just completely block that area off from people interested in the history?
if the man wants your land, you are pretty much screwed. depending on the situation i think it is unfortunate, but the supreme court recently affirmed the idea that private property can be taken from its owner and subsequently sold to a private developer, so long as there is some public purpose behind it. the public purpose could be almost anything, including cleaning up crime or a blighted area. the govt has to pay fair market value, in terms of the value of the property before the proposed new use. if the property is worth ten bucks before the sale, but a billion dollars after the sale, the owner should get ten bucks.
it seems like joe sun might want what the property will be worth after everything is fixed up or transformed - creating the discrepancy. the truth is probably somewhere in the middle, but it is would be up to a judge to decide what constitutes fair market value. joe sun is pretty much precluded from selling to another private party, because by now everyone knows that the city has its eye on it and who it would go to.
but i just skimmed an article the other day that said a state court in ohio held that private property could not be purchased through a city's eminent domain power if it was to be turned over to private developers...i didn't read the case, but W would probably call it engaging in judicial activism.
-greg
It seems like the limits of eminent domain are currently being explored all over the country and I doubt that the city would want to get embroiled in a legal case like that. I bet they will just have to settle on a higher price than they wanted to pay, but way less than Joe Sun is asking now.
I hope the owners stick to their guns and fight it out. ED abuse is getting examined, as Hecka says, all over the country. JS has stuck it out through years of blight and violence and crime and people going number two right out in the open, long before the damn bumblebees and Z gallery jerks. Not only that, the business has been a positive example for decades. The Bee article almost made me cry, with the comments being 15 of 15 pro JOE!
Now, we've got to find a cool locale for Records.
Ed
greg- sorry to nitpick, but why would W. be in favor of eminent domain? you've got that backwards. taking private property is a liberals thing.
http://www.washingtonpost.com/wp-dyn/content/article/2006/06/23/AR2006062301722.html
anonymous...you are right...i just assumed that w would be in favor of eminent domain when it favors big and powerful developers.
but as far as taking private property being a liberal thing, it seems like the line is blurred. historically eminent domain is a liberal thing and the liberal justices made up the majority in the most recent takings case that held private property could be taken and then sold to a private developer for hotels and offices and homes.
but in many ways, the liberals sounded like they were making arguments that you would expect from conservatives and vice versa. the naacp, libertarian groups, and low income groups were against the takings - and the liberal justices' holding - because it was used to benefit big corporations over individual homeowners and business owners.
what has been going on recently seems like the ownership of land being transferred from many small business owners and homeowners into the hands of one large corporation that then develops the property.
my guess would be that many liberals with libertarian leanings would support joe sun and would be against the taking of the property for redevelopment by a big corporation or developer. it doesn't seem fair that joe sun should have to sell the property to the city so the city can hand over the property to a private developer, and in turn the private developer would be willing to rent the relatively same property to joe sun or else joe sun would have to relocate.
the kalo case is pretty interesting and gives a great background on the history of eminent domain - with this criticism of the majority coming from the conservative minority: "Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory." or any single occupancy downtown hotel with a california pizza kitchen or any affordable housing with an upscale tower.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=04-108
-greg
i support joe sun, even tho there $ reauest is way, way high. still, even if they get an extra million or two, they will be hurting if they have to move, and to where? as for records, the search is going on, but even with the city set to subsidize reclocation, if you have ever seen the basement, this move will add an extra ring to the cirlce of hell.
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