. . . Eminent Domain

Rally critical of city leaders' actions

    Sunday, 21 May 2006 - There was an article written by Jimmy Simms in the Cullman Times newspaper that described well an issue of eminent domain in the city of Cullman and went something like this:

   A host of speakers, including candidates for lieutenant governor, the sate senate and Alabama Supreme Court, took dead aim at the issue of eminent domain during a rally at the Cullman County Courthouse Saturday.

   On this day the target of their ire was fixed squarely on the backs of the Cullman mayor and the City Council.

   "The city's master plan has been on its Web site for the past three years, but if you ask the mayor (Donald Green) they don't have one," said Ken Freeman, chairman of the Alliance for Citizens Rights, a statewide grassroots organization that supports fairer and more comprehensive eminent domain legislation in the state.

   "There are people in this town who have had their property rights severely abused and we'll hear from some of them today -- people like Betty Hays who was assessed $9,000 when the city took her gravel road and turned it into a three-lane road (Olive Street) connecting Highway 31 and Highway 69.," he said, "The city guilt the street to benefit a commercial development (Wal-Mart) and sent her the bill."

   Cullman County resident and long-time Cullman businesswoman Margo Messersmith did address the crowd gathered on the front steps of the courthouse, estimated at around 75 people.

   Messersmith and the city have been at odds over recent condemnation proceeds initiated by the city of Cullman for the purpose of acquiring rights of way and easements needed for the construction of a public street, which will also provide access to a new industry in southwest Cullman.

   "I'm a victim of eminent domain. I feet like I have been raped by this town emotionally and financially," Margo Messersmith said Saturday. "We have to get a stronger eminent domain bill to protect our rights. There is no justice in the courts. I've been there. I'm sickened by what is happening in America today."

   Freeman, lieutenant governor candidate Mo Brooks, State Senate District 4 candidate Harold Sachs and Alabama Supreme Court Justice Place 2 candidate Hank Fowler all said the state legislature had an opportunity to do something positive in regard to eminent domain during the recent legislative session but failed miserably.

   "To use the power of government to take private property from an individual for someone else's private use is just wrong." Brooks said. "We have a battle in the legislature and last year it was a dog and pony show, a masquerade. Our representatives have failed the people of Alabama in failing to pass comprehensive eminent domain legislation.

   Sachs told the gathering there is one piece of property the U.S. should take possession of and that's the United Nations in New York. "Other that that, they should leave us alone," he said.

   "Politicians are selling out and they're selling us out," Sachs said. "The legislature had a chance to set the record straight on eminent domain and they failed us and it's time we failed them by electing new representatives in Montgomery.

   Fowler, a veteran and a prisoner of war for six years in North Vietnam, said he decided to seek election to the State Supreme Court because he is concerned about this nation.

   "I took an oath once to defend our country against its enemies both foreign and domestic. I always thought our enemies were foreign, but today I'm convinced they are also domestic," Fowler said.

   There were also other local citizens of Cullman who took the podium to express their disappointment in the City in how they and their property were handled inappropriately and with complete disregard to their rights.

eminent domain - the right of the government to take property from a private owner for public use by virtue of the superior dominion of its sovereignty over all lands within its jurisdiction —see also CONDEMN, EXPROPRIATE, TAKE 1b
NOTE: The Fifth Amendment to the U.S. Constitution requires the government to compensate the owner of property taken by eminent domain, stating “nor shall private property be taken for public use, without just compensation.” State constitutions contain similar provisions requiring that the property owner receive just compensation for the property taken.   www.Dictionary.com

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