A Simple Apology

 

LoHud.com

PORT CHESTER - The village apologized to a property owner today for improperly seizing his land a decade ago and officially signed an agreement that will pay him $475,002 and name a street after him.

"The village acknowledges the importance of this litigation and regrets the hardship it has caused Mr. Brody for the years he has had to fight to vindicate his rights," Mayor Dennis Pilla read from a statement at Village Hall.

The public apology was part of a settlement that will give William Brody $475,002 and name the corner of North Main Street and East William Street "William Brody Plaza."

"I'm glad everything came to a close," Brody said after the news conference.

Dana Berliner, his attorney with the Institute for Justice, acknowledged that the terms of the agreement were unusual, but noted that Brody's case led to a landmark change in state eminent-domain law.

This recent, Lower Hudson Journal News, article hits on something that places similar to Freeport, Texas should look at; a simple apology by a condemning agency for taking away an individual’s right to maintain and own property.


Bridge Plaza Project

The Times Herald

The Federal Highway Administration has issued a Record of Decision, giving its approval for the $553 million expansion of the Blue Water Bridge Plaza.

The Record of Decision, one of the final steps in the project's planning phase, was was signed Tuesday by James Steele, administrator of the FHA's Michigan division.

Officials with the Michigan Department of Transportation were not immediately available for comment.

Details will be posted as they become available.

Now that that the Record of Decision has been issued, one would hope that MDOT moves forward to construction in a decisive manner. Delay will be harmful to not only the individuals and companies losing their property, but to all of Port Huron, which has been under a dark cloud of project uncertainty for over five years.

Blue Water Bridge

The Times Herald

The brother and sister inherited the Port Huron home when their father died several years ago. Now, they could be forced to move based on the newest plan for the Blue Water Bridge Plaza expansion.

"We don't want to move," said Marvin Beadle, 42, looking at a map of the plan, part of the project's final environmental impact statement released Tuesday.

"We want to keep our property," said Verna Beadle, 50.

The Beadles are among a small group of homeowners -- about a dozen -- who, under a previous plaza plan, would have stayed in their homes and not been included in the project's footprint. Among those homeowners, there is conflict about what is best: to have their property bought at a premium by the state or to remain in their homes.

Local officials fought for the homes -- located in two clusters on the south side of the plaza -- to be bought, fearing that if left behind, residents would have to endure years of construction and then life on the fringes of a major international border crossing.

Project Manager Matt Webb said the Michigan Department of Transportation did its best to affect as few people as possible. In all, 125 homeowners, 30 businesses and one church will be displaced in the $553 million expansion.

"We went back and tried to reduce the footprint and make it as small as possible," he said.

St. Clair County Administrator Shaun Groden said the message officials received from residents left behind by the previous plan was: "Oh my God, they are leaving us behind, and we are going to have to live in this monstrosity."

He said people were upset about what Port Huron City Councilman Jim Fisher once described as the "Swiss cheese" effect: Two pockets of homes left behind.

The project will bring to ground level and increase the size of the plaza from 18 to 56 acres. The 56-acre plan, officials said, is much better than the 90-acre one proposed several years ago and better than the 65-acre plan proposed last year.

During the comment period for the draft environmental impact statement, the majority of the homeowners in the area where the Beadles live said they would rather have their houses razed than be left behind, Webb said.

There are some perks to being relocated. The state will pay moving costs and 125% of fair-market value for owner-occupied homes, Webb said. For other homes, such as rentals, owners will get fair-market value, he said.

Meanwhile, state Rep. John Espinoza, D-Croswell, introduced legislation Thursday that would give tax incentives to people and businesses that develop the area once plaza construction is finished.

The plaza plan released Tuesday will be open for public comment through May 4. Then, the Federal Highway Administration is expected to issue a "Record of Decision," which will, among other things, allow the state to move forward with acquiring properties.

Construction, which will begin with rebuilding 2 ½ miles of the Interstate 69/94 expressway, is set to start in 2011 and wrap up in 2016 or 2017.

The single most pressing problem is getting the project determined with certainty and soon.  Delay in deciding what is to be taken will leave the Port Huron neighborhoods surrounding the Bridge in shamble.

$17 Million to Relocate and Vacate

Long Beach Press Telegram, August 17, 2007

Then city of San Pedro will pay a petroleum storage company $17 million to vacate 12 acres of waterfront property in the Port of Los Angeles.

The settlement comes after five years of negotiations in which the port threatened to condemn the property over various environmental and safety issues.
Clean up, which may take several years, is organized by the city and the port.

-As in so many other communities, San Pedro has determined that the burden of cleanup costs and just compensation far outweigh the value to the community of an industrial use in an area attempting to de-industrialize. This is of major public policy import because there will soon be a day which there simply is not enough land to maintain industrial uses. Further, the environmentally sensitive uses being placed by gasoline type companies will inevitably change to higher and better uses such as high-rise residential, commercial development and intensively used port facilities.