Americans Rally to Protect Property Rights

Monday, 13 March 2006 05:58

By Don Casey
March 12, 2006

Ken Freeman, Chairman of the "Alliance for Citizens Rights", an Alabama conservative activist organization whose primary thrust is to raise awareness that society's acceptance of "sustainable development principles1" will, in short order liquidate freedom and liberty that we currently enjoy, introduced ten speakers to a crowd of more than 150 gathered in front of Tuscaloosa Furniture on March 9th, 2006.  The magnitude of the crowd on a blustery and threatening Thursday afternoon signifies that all who had gathered understood that local government's condemnation of a major portion of downtown Tuscaloosa is an abuse of "eminent domain" authority - a travesty allowed under current Alabama law.  If the city's comprehensive redevelopment plan is allowed to proceed, viable businesses in a fifteen city block area of downtown will receive a condemnation order.  This area includes Ed Barton's Tuscaloosa Furniture. Ed is the third generation owner of the business.  Additional planning calls for an urban renewal project in the city of North Port, which is adjacent to Tuscaloosa....

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Ken Freeman, Chairman of the "Alliance for Citizens Rights", an Alabama conservative activist organization whose primary thrust is to raise awareness that society's acceptance of "sustainable development principles1" will, in short order liquidate freedom and liberty that we currently enjoy, introduced ten speakers to a crowd of more than 150 gathered in front of Tuscaloosa Furniture on March 9th, 2006.  The magnitude of the crowd on a blustery and threatening Thursday afternoon signifies that all who had gathered understood that local government's condemnation of a major portion of downtown Tuscaloosa is an abuse of "eminent domain" authority - a travesty allowed under current Alabama law.  If the city's comprehensive redevelopment plan is allowed to proceed, viable businesses in a fifteen city block area of downtown will receive a condemnation order.  This area includes Ed Barton's Tuscaloosa Furniture. Ed is the third generation owner of the business.  Additional planning calls for an urban renewal project in the city of North Port, which is adjacent to Tuscaloosa. 

Tuscaloosa's urban renewal project is funded by a one hundred million dollar grant1a from the Federal government.  Property seized by local government will be transferred to private developers who will construct loft apartments, interspersed with upscale businesses and coffee shops2.  "Pedestrianism/bicycle3" the preferred mode of transportation in a "sustainable and livable community4" will be encouraged.  Local business leaders such as Ed Barton working in concert with conservative activist organizations have, for the time being, derailed these grandiose plans of socialist planners.  Their efforts, which included radio advertisements, culminated in the public forum denouncing the abuse of "eminent domain." 

Referencing the use of "eminent domain" as a means to condemn property, Mayor Walt Maddox stated to the Tuscaloosa News, reported in the Feb. 21st, 2006 that:

"Although you hurt for those that are impacted by the urban renewal project, you know that there will be a greater good for the community when the project is completed," he said. "We hurt for them, but we were elected to move this city forward, and we are building a community where you can live, work and play on the downtown and riverfront."

The socialist tendencies expressed by the mayor have been put aside with a resolution by the city council to refrain from utilizing "eminent domain" to steal private property and transfer ownership to another individual for economic gain.  The city's resolution is neither an ordinance nor a law and as such is merely a statement of intent. 

A similar situation occurred during the Alabama legislative special session of 2005.  The legislature passed and Governor Riley signed into law a bill which they said would prevent authorities from seizing private property for economic gain.  Condemnation proceedings by Tuscaloosa have demonstrated that Governor Riley and the legislature's claim that the new law would protect property owners were false. 

Considering the foregoing pattern of deception, what are the chances that the City of Tuscaloosa will stand by a resolution - a mere statement of intent expressing the sentiment that the city will not condemn property and forgo a major portion of a one hundred million dollar taxpayer giveaway - "grant"?

Without an Alabama Constitutional amendment that is worded in a firm, straightforward fashion, one point that the following list of speakers pointed out at the Thursday rally, secure private property ownership will no longer exist in Alabama.

Setting aside their campaign for State office in support of this worthwhile cause was: Judge Roy Moore, Mo Brooks and Harold Sachs.  Conservative activists included Margaret Brown from Eagle Forum, Buddy Hanson,  and Don Casey.
 
Victims of property rights abuse were: Ed Barton, Tuscaloosa Furniture and Bryan Messersmith from Cullman.  Bryan has experience condemnation proceedings from the city of Cullman.  The city seized four acres of Bryan's property transferring ownership to a casting company which plans to locate a plant in Cullman. Property in the area sells for twelve thousand dollars an acre.  The city declared his property worthless and has not compensated Bryan for his loss.

The struggle to secure property rights in Alabama is ongoing - your help is needed - please contact Ken Freeman - 256 498 3802 or Don Casey 205 744 4132 or if you live in the Tuscaloosa area contact Ed Barton at Tuscaloosa Furniture.  If you contact Ed please thank him for having the courage and fortitude to stand up for our inalienable "God granted" rights.   

1. http://www.nextstep.state.mn.us/res_detail.cfm?id=217

1a. Birmingham News, Sunday March 5th, 2006

2.  "It's going to take the city taking the lead in facilitating redevelopment, and when I say redevelopment, I mean on a grand scale with retail, offices and residential developments." City Councilman Lee Garrison - Tuscaloosa News, July 9th, 2003

3. Development of bicycle and pedestrian infrastructure
Ø      Require inclusion of bicycle and pedestrian planning into all commercial development
Ø      Incorporate bicycle and pedestrian routes into road widening and future bridge projects so that widening includes bicycle and pedestrian lanes
Ø      Modify existing roads and paved shoulders to accommodate cyclists and pedestrians
Ø      Train the Planning and TDOT staff in bicycle and pedestrian planning principles
Ø      Develop independent bicycle and pedestrian routes in the city. This should focus on developing safe routes for recreation and commuting,…"  page 11 of 46 "Tuscaloosa 2020 A Consensus Strategic Plan"  -http://www.ci.tuscaloosa.al.us/Planning/Tusc2020_041505.pdf

4.  "A combination of a richer and more varied public domain with a more frugal private domain." Emphasis added. "Principles of the Plan", page two.  http://www.cityoforlando.net/PLANNING/ntc/sprtpdfs/princip.pdf#search='sustainable%20livable%20community'

[See www.keepourrights.org and www.alabamapropertyrights.org ]