Hopefully, we now how a better understanding of the police powers of government in their abuse of eminent domain activity, but do we really have any idea as to the impact of those actions on the victims?
Mindy Thompson Fullilove, M.D. is a professor of clinical psychology and public health at Columbia University. She is author of “Root Shock: How Tearing Up City Neighborhoods Hurts America.” She is also author of “Eminent Domain & African Americans..What is the Price of the Commons.”
Ms Fullilove will be our Keynote luncheon speaker at the MORR/CURE conference on Redevelopment Abuse being held this Saturday at the Anaheim Sheraton Park Hotel.
In “What is the Price of the Commons” she writes about the Federal Housing Act of 1949 that was in force between 1949 and 1973 where cities were authorized to use the power of eminent domain to clear “blighted neighborhoods” for “higher uses.” In 24 years, 2,592 projects were carried out in 992 cities that displaced one million people, two-thirds of them African Americans.”In that article she refers to David Jenkins whose family lost their home in Philadelphia.
Gilbert sidebar. There is a more recent, yet similar, story of which I have personal knowledge that occurred in Fresno, CA. The eminent domain abuse against Ronzel Cato, a fifth generation African-American, the first to own a piece of the American dream, who’s family lost their home which motivates me in this ongoing battle. Ronzel testified in Sacramento that he did not want to sell their home but the city of Fresno had other plans.
Ms Fullilove states, “But the Jenkins family, like many other upwardly mobile families, was proud that they had gotten a toehold in the American City. Both of David’s parents had migrated from the South, drawn to Philadelphia–and the Elmwood neighborhood in particular–by abundant industrial jobs that offered unskilled workers a chance to make a decent living. Buying a home–that crucial American dream–seemed a start in the right direction.
But a home is not just a symbol of social status. Rather it is a splendid invention that gathers, protects, and situates the family. A home keeps the warmth in and the rain out, the predators at bay, and the loved ones close.”
There is a local illustration where Garden Grove activists, led by Manny Ballestero, Verla and Leo Lambert, organized to stop a “bulldozer” led city council from razing hundreds of their neighborhood homes to make way for a potential theme park. Verla and Leo will be in attendance at our conference this Saturday. So too will be OC Register Senior Editorial Writer Steven Greenhut who wrote about the Garden Grove story in his book entitled “Abuse of Power.”
The bottom line is that we can install dead bolts on our doors to stop intruders from entering our homes without permission, yet local governments, armed with the powers of eminent domain, can declare neighborhoods as “blighted” and with a simple self created Resolution of Necessity document, can force us out of our small piece of the American dream called our homes, places of worship, small businesses, family farms and investment properties.
We still have a few spaces open for any last minute attendees. Simply call 714.813.5899 or 323.567.6737
Larry Gilbert, Orange County Co-director, CURE and OC Chairman Prop 98, the only real property rights protection Proposition to be found in the June 3rd Ballot.
Tragedy of the commons?…… Hmmm?
It all started with the HOA socialistic thinking.
Now the HOA syndrome spread into all levels of the government and the HOA fascism manifest itself as the eminent domain the socialists’ expansion.
Enjoy it Gilbert!…. You have been instrumental in HOA expansionism.
I have warn you about it long time ago.
If you want to eliminate eminent domain syndrome you must first eliminate HOA concept as breeding ground for local government fascists.
However, that is beyond your rigid socialistic IQ comprehension.
anon.
I guess if we lived in Wyoming I would not have to deal with an HOA.
However, that’s simply not the case in Orange County’s newer cities.
Many of the housing tracts in Mission Viejo are included in HOA’s be it gated (or open communitites such as the track we live in.)
HOA’s are a mixed bag. On one hand they attempt to manage local areas to avoid future blight. They sadly can punish you if you fail to comply with their CC&R’s as I have been told by more than one property owner.
Respectfully, I would not label myself as being a Socialist. That’s your opinion and you are free to express it on this blog.
This activist once was sued by his HOA for not planting grass in his front yard. PS: There is no grass there today, decades after buying this house when it was new.
Mr. Gilbert, you cannot dissect Cal. social trend into separate elements by focusing on the eminent domain.
Over and over, we are electing people into the Cal. government who enacted HOA laws known as “Davis-Stirling Act” which allow for majority board, usually 3 people, to NON-JUDICIALLY foreclose against a homeowner for any amount owned to the association, as low as $0.01.
So tell me Mr. Gilbert what would you prefer: 1) NON-JUDICIAL foreclosure or 2) EMINENT DOMAIN.
Both have same purpose. They enrich the takers.
Therefore, if you allow HOA laws than you are allowing for eminent domain.
When is the last time you have demanded from your representatives to limit powers of the HOA boards?
The modified cliché:
“He who would trade property for some temporary security, deserves neither property nor security.”
In other words, if the people would value their property rights over the HOA rights then the government would not dare to impose any eminent domain except for as it was originally intended.
Here is full circle: The CAI industry (CAI is acronym for the Community Association Institute) a nation wide powerful lobby for Developers, Realtors, Lawyers, Banks involved in the HOA business. Their mantra is that without HOA the property would blighted. Under that threat they promote land grab by way of non-judicial foreclosure to maintain existing HOA and by eminent domain to grab more land for the industry to develop more HOAs and its infrastructure.
So unless you attack CAI industry you will get nowhere with your war on the eminent domain which is an element of the entire fraud.
Be familiar with CAI lobby figures in Sacramento and get out of the head the CAI industries crapola about the blight.
Folks. I will not name the anon in this discussion other than to call him one of my brothers with whom I have had this conversation off-line.
Warning. Caution. IF you purchase a single family home, condo or townhouse in an area with a HOA YOU MUST READ THE FINE PRINT OF THE CC&R’S.
The fact that you pay your mortgage, taxes and insuance when due does not preclude your legal obligation to pay the HOA dues. If you fail to pay they will send you a few dunning notices and eventually threaten to take your property for non payment. As stated before I once was sued by our HOA and can attest to their powers.
As to eminent domain and property rights. Every real property owner, regardless of the type of property owned, except houses of worship, has an obligation to make those payments when due.
Clarrification.
Houses of worship are exempt from property taxes, but not their loans.