Showing posts with label eminent domain. Show all posts
Showing posts with label eminent domain. Show all posts

January 10, 2019

"Both sides have taken absolutist positions that leave no room for the kind of split-the-difference compromise that usually ends budget impasses...."

"But Mr. Trump’s claim that he can and may attempt to build his wall another way opens the door for him to sign a spending bill with no wall funding, reopening the government without capitulation by either side. While any such move by Mr. Trump is certain to prompt outrage from his critics and wild approval from his supporters, there is good reason to believe that it is unlikely to result in much immediate change. His push for a wall would be channeled into a lengthy court fight, keeping lawyers far busier than construction workers, at least initially, as his term ticks away.... If, in the end, the Supreme Court were to rule that emergency-power laws give Mr. Trump authority to proceed, he would probably face still more litigation with property owners over whether the government may use eminent domain to force them to sell their border lands. There may be little time left in his term after all that to add more than a few miles, if any, of barriers to the 1,954-mile border, which already has 654 miles of fencing."

From "Trump’s Emergency Powers Threat Could End Shutdown Crisis, but at What Cost?" (NYT).

December 10, 2016

Nominating Ben Carson for HUD Secretary, Trump spoke of "urban renewal": Doesn't that connote something racist?

Trump's press release said, in part:
"Ben Carson has a brilliant mind and is passionate about strengthening communities and families within those communities. We have talked at length about my urban renewal agenda and our message of economic revival, very much including our inner cities. Ben shares my optimism about the future of our country and is part of ensuring that this is a Presidency representing all Americans. He is a tough competitor and never gives up."
Campaigning in Charlotte, North Carolina, in late October he'd used the phrase once, at the beginning of a speech titled "New Deal For Black America":
It is great to be here in Charlotte to discuss an issue that means so much to me. That is the issue of urban renewal, and the rebuilding of our inner cities. Today I want to talk about how to grow the African-American middle class, and to provide a new deal for Black America. That deal is grounded in three promises: safe communities, great education, and high-paying jobs....
At the NYT, Emily Badger expresses anxiety about the phrase "urban renewal" (and she doesn't ignore that other historically resonant phrase, "New Deal"):
His language has an odd ring to it, not solely for marrying Franklin D. Roosevelt’s New Deal with the post-World War II era of urban renewal. If Mr. Trump was reaching for a broadly uplifting concept — renewal — he landed instead on a term with very specific, and very negative, connotations for the population he says he aims to help....

The term “urban renewal” dates to the Housing Act of 1954; its 1949 predecessor called the same policy “urban redevelopment.” Under these laws, the federal government gave cities the power and money to condemn “slum” neighborhoods, clear them through eminent domain, then turn over the land to private developers at cheap rates for projects that included higher-end housing, hospitals, hotels, shopping centers and college expansions....

Urban renewal was meant to wipe clean poor, deteriorating neighborhoods, while boosting tax coffers, stimulating private investment and luring middle-class residents and shoppers back into the city.....
Did Trump mean to evoke these details when he used the old phrase? Badger says it's a "mystery" and compares it to the mystery of whether Trump knew the historical background when he had that phone conversation with the president of Taiwan.

My guess is that Trump not only knows the historical background, he intends to leave us off-balance — tangled up in the mystery of whether he knows. But I can't solve the mystery of what he intended to do by using the old phrase that James Baldwin once said was a euphemism for "Negro removal."

We know Trump has said "eminent domain is wonderful" and:
"If you have a factory, where you have thousands of jobs, you need eminent domain, it’s called economic development... Now you’re employing thousands of people and you’re able to build a factory, you’re able to build an Apple computer center, where thousands of people can work. You can do that, or you can say, ‘Let the man have his house.'"
I recommend assuming that Trump knows what he's doing. The alternative assumption — that he's a bumbling idiot — is too easy, and if you are wrong, you will be left in the dust. But to say that he knows what he's doing is not to know what he has in mind. It's easy to fall back on the old accusations of racism and to take advantage of his use of the old phrase to dangle that theory in front of NYT readers — who snap up the bait. The highest-rated comment there says:
The article makes clear "urban renewal" is code for racist policies. And the "political correctness" that clearly drove you to vote for Trump is coded language for racism.
But maybe Trump himself was baiting people like Badger and that commenter to talk about him like that and look like surly pessimists who make reckless accusations of racism over nothing. And here he has nominated that lovely man Ben Carson as Secretary of Housing and Urban Development.

October 17, 2015

"Obama is no socialist. A socialist would have nationalized General Motors, instead of returning it to capitalistic solvency."

"A socialist would not have presided over a doubling of the stock market, without adding significant new taxes to Wall Street’s biggest beneficiaries. For true socialism in action, look to the billionaire Trump. As a developer, he’s tried to use eminent domain — 'state-sanctioned thievery,' in the words of National Review Online — to get other people’s property. There’s your communist. He has no problem taking from others to serve the public 'good.'"

That's Timothy Egan in a NYT op-ed called "Guess Who Else Is a Socialist?"

The NYT deploys a National Review Online quote — presumably for corroboration, conservative opinion backing up liberal — but doesn't bother to give us a link. Here's the article, from April 2011, "Donald Trump and Eminent Domain." Excerpt:
The Constitution’s Fifth Amendment allows the government to take private property for “public use,” so long as “just compensation” is paid. In the infamous 2005 Kelo decision, the Supreme Court held that “public use” could include, well, private use, so long as the new property owner paid more in taxes than the previous one. In other words, it allowed developers and the government to gang up on homeowners. The developer gets more land, the government gets more tax money. The only losers are the original owner and his property rights.

A decade and a half ago, it was fresh on everyone’s mind that Donald Trump is one of the leading users of this form of state-sanctioned thievery. It was all over the news. In perhaps the most-remembered example, John Stossel got the toupĂ©ed one to sputter about how, if he wasn’t allowed to steal an elderly widow’s house to expand an Atlantic City casino, the government would get less tax money, and seniors like her would get less “this and that.” Today, however, it takes a push from the Club for Growth to remind us of Trump’s lack of respect for property rights....
The "this and that" link goes to a John Stossel 2004 article at Reason.com titled "Confessions of a Welfare Queen/How rich bastards like me rip off taxpayers for millions of dollars." Excerpt:
It looked to me like the government was robbing Vera Coking to pay off Donald Trump. The government officials wouldn’t talk to me about it, but Trump did.

Stossel: In the old days, big developers came in with thugs with clubs. Now you use lawyers. You go to court and you force people out.

Trump: Excuse me. Other people maybe use thugs today. I don’t. I’ve done this very nicely. If I wanted to use thugs, we wouldn’t have any problems. It would have been all taken care of many years ago. I don’t do business that way. We have been so nice to this woman.
"Nice" is Trump's favorite word. People think it's "huge," but it's actually "nice."
Trump: Do you want to live in a city where you can’t build roads or highways or have access to hospitals? Condemnation is a necessary evil.

Stossel: But we’re not talking about a hospital. This is a building a rich guy finds ugly.

Trump: You’re talking about at the tip of this city, lies a little group of terrible, terrible tenements -- just terrible stuff, tenement housing.

Stossel: So what?

Trump: So what?...Atlantic City does a lot less business, and senior citizens get a lot less money and a lot less taxes and a lot less this and that.

Sadly, claims that people will be deprived of "this and that" can now be used by politicians to condemn your house. It didn’t seem right to Vera Coking. "This is America," she said. "My husband fought in the war and worked to make sure I would have a roof over my head, and they want to take it from me?"
Stossel goes on to say that Trump lost that case: "Vera Coking got to keep her home. She still lives there, surrounded by Trump’s hotel." That was written back in 2004. I looked up Vera Coking to see how she's doing these days, found a Wikipedia article, and it had this picture of her house:



That's one of what Trump called "terrible, terrible tenements." I guess if you say the adjective more than once it seems more true.

(The structure built around Coking's house in the picture isn't Trump's. It's an erection of Bob Guccione's that never achieved completion and got torn down later as Trump was building his hotel in 1993 and offering Coking a quarter of what Guccione had offered in the 1970s. Trump wanted to put a parking lot in that area. Trump built his hotel, which went out of business in 2014, which was also the year Coking finally sold her house. She got twice the amount Trump had offered in 1993, half what Guccione had offered in the 1970s.)

November 11, 2011

Retired Supreme Court Justice John Paul Stevens talks about his "most unpopular opinion" — Kelo v. New London.

The WSJ reports:
"I had people at a bridge game stop me and ask, 'How could you have written that opinion? We thought you were a good judge, but we learned otherwise,'" [Justice Stevens] said. "But you can't explain the whole law of eminent domain to your bridge opponents."

He particularly criticized the logic of Justice Sandra Day O'Connor.... The O'Connor dissent "took the position that public use is required in all cases except cases where they were remedying harm, getting rid of a nuisance or, in the case of the Hawaiians, correcting an injustice," Justice Stevens said in the interview. But in the 1954 case, "the irony of it is that the department store was in perfect condition," he said. "Their distinction was very unpersuasive."

November 8, 2011

"The Occupy Wall Street protesters are confronting a classic Manhattan problem: lots of people, not a lot of space."

"So they're solving it in classic Manhattan fashion: arguing about it, making deals and building upward."
The move toward larger tents has some protesters worried. They prefer the privacy of individual dwellings.

"I don't mind them in and of themselves, but if they begin moving up by claiming eminent domain, it would be hypocritical and ironic," said Brian Thomas, a 32-year-old from Maine. "[Larger tents] are sturdy and more handy, but I think it's going to take away people's personal space and that will exacerbate the already rising level of tension."
The individual and the group.

ADDED: This feels like verse 2 of "Like a Rolling Stone":
You’ve gone to the finest school all right, Miss Lonely
But you know you only used to get juiced in it
And nobody has ever taught you how to live on the street
And now you find out you’re gonna have to get used to it
You said you’d never compromise
With the mystery tramp, but now you realize
He’s not selling any alibis
As you stare into the vacuum of his eyes
And ask him do you want to make a deal?
The finest-school kids encounter the mystery tramp and the deal is a real estate deal.

September 20, 2011

"Connecticut Supreme Court Justice Apologizes to Susette Kelo for his Vote to Uphold the Condemnation of Her Home..."

"... But then Lets Himself off the Hook Too Easily."

ADDED: The old Kelo controversy reminds me of one of the most-overused Wisconsin protest chants: "Whose house? OUR HOUSE!"



(LOL. I never noticed that video before. Or if I did, I'd managed to blot out the memory. Smell the cheeseball entitlement.)