Monday, December 28, 2009
Monday, December 14, 2009
LSU Board: Expropriation is fine by us
The LSU Board voted to allow the state to proceed with expropriation (the Louisiana civil law term for eminent domain) of properties in the proposed LSU medical center footprint in Lower Mid-City.
While government takings of private property are permitted for a very loosely defined "public purpose" (no longer a public use, as we saw in the notorious Kelo case in Connecticut) under the 5th Amendment to the United States Constitution, property owners must be given "just compensation" for the taking to be permissible.
And, although the U.S. Constitution authorizes a state or local goverment to exercise their power through takings, it must be remembered that even when something is authorized doesn't mean it's the right way forward or the best policy. Just because it's authorized doesn't mean the state should do it. Employing expropriation for a project that does not entail a crucial, necessary, "this is the only way we can possibly do this" justification is highly reprehensible. I think we have precisely that unfortuante situation in the case of Lower Mid-City - an argument that locating the hospitals there is the only way forward when it most clearly is not.
Bringing in the heavy hand of government to drive someone from - and destroy - his or her home is a power that should only be used as an absolute last resort. This sort of government power over individuals fits squarely within the basket of grievances that led us initially, as a nation, to declare independence. Its use, especially on a large scale, beyond the rarest of instances undermines the legitimacy of government, no matter how much process is involved.
In the article linked above, a state official notes that "nobody has outright refused to sell their land for the hospital projects yet." And while it's clear that some individuals inside the footprint are not going to go without a fight (only eight out of 450 parcels in the two footprints have even been acquired at this time through regular buyouts), I find it interesting that LSU is opening the door to expropriation before it has even contemplated paying out higher amounts to some individual property owners who hold out longer. Expropriation is clearly not a last resort here in the minds of the LSU board members. Instead, it's a proactive tool being used unscrupulously to force a project forward, damage to unwilling property owners be damned.
And the truly sad part of this move is the end result. So many of the properties that may ultimately be subject to expropriation (including those that contribute to the tax rolls, that aren't harming anyone else, that aren't blighted, that rebuilt post-K in reliance on government statements and policies), especially in the LSU footprint, will be used not for a nice, dense, beneficial hospital building, but for...acres of ground level parking lot.
The resolution allows state officials working on the projects to seek a court order to seize private property if the owners refuse to sell. A judge would decide the purchase price the state must pay.
While government takings of private property are permitted for a very loosely defined "public purpose" (no longer a public use, as we saw in the notorious Kelo case in Connecticut) under the 5th Amendment to the United States Constitution, property owners must be given "just compensation" for the taking to be permissible.
And, although the U.S. Constitution authorizes a state or local goverment to exercise their power through takings, it must be remembered that even when something is authorized doesn't mean it's the right way forward or the best policy. Just because it's authorized doesn't mean the state should do it. Employing expropriation for a project that does not entail a crucial, necessary, "this is the only way we can possibly do this" justification is highly reprehensible. I think we have precisely that unfortuante situation in the case of Lower Mid-City - an argument that locating the hospitals there is the only way forward when it most clearly is not.
Bringing in the heavy hand of government to drive someone from - and destroy - his or her home is a power that should only be used as an absolute last resort. This sort of government power over individuals fits squarely within the basket of grievances that led us initially, as a nation, to declare independence. Its use, especially on a large scale, beyond the rarest of instances undermines the legitimacy of government, no matter how much process is involved.
In the article linked above, a state official notes that "nobody has outright refused to sell their land for the hospital projects yet." And while it's clear that some individuals inside the footprint are not going to go without a fight (only eight out of 450 parcels in the two footprints have even been acquired at this time through regular buyouts), I find it interesting that LSU is opening the door to expropriation before it has even contemplated paying out higher amounts to some individual property owners who hold out longer. Expropriation is clearly not a last resort here in the minds of the LSU board members. Instead, it's a proactive tool being used unscrupulously to force a project forward, damage to unwilling property owners be damned.
And the truly sad part of this move is the end result. So many of the properties that may ultimately be subject to expropriation (including those that contribute to the tax rolls, that aren't harming anyone else, that aren't blighted, that rebuilt post-K in reliance on government statements and policies), especially in the LSU footprint, will be used not for a nice, dense, beneficial hospital building, but for...acres of ground level parking lot.
Friday, December 11, 2009
Thursday, December 10, 2009
Wednesday, December 9, 2009
Sunday, December 6, 2009
Saturday, December 5, 2009
Friday, December 4, 2009
Chimneys
Compared to the average ranch home in Metaire, the actual frame of this building at S. Johnson and Palmyra, for example, looms large.
Thursday, December 3, 2009
Wednesday, December 2, 2009
Another Suit in the VA Controversy
The National Trust for Historic Preservation has filed suit in federal court here in New Orleans to stop the demolition in the VA footprint. Judge Eldon Fallon of the Eastern District of Louisiana has been assigned the case.
The Trust's suit alleges a violation of NEPA, the National Environmental Policy Act. Interestingly, The Trust filed a similar suit on seemingly the exact same grounds in federal court in Washington, D.C. back in the spring of 2009.
Dick Moe of the National Trust lays out a reasonable case for the new suit:
"We took this action because time is running out for the residents of Mid-City," said Richard Moe, president of the National Trust. "The acquisition process is moving forward swiftly, and it compels us to ask for an expedited response. We fear that if we waited for the agencies to proceed through the courts at a slower pace, the ongoing process of acquisition would make it much more difficult for the court to evaluate the legal issues objectively."
The acquisition process in indeed proceeding in the VA footprint. Several properties have already been purchased by the state. If the acquisitions aren't halted, the state will doubtless begin to argue soon that it has proceeded too far to turn back.
The Trust's suit alleges a violation of NEPA, the National Environmental Policy Act. Interestingly, The Trust filed a similar suit on seemingly the exact same grounds in federal court in Washington, D.C. back in the spring of 2009.
Dick Moe of the National Trust lays out a reasonable case for the new suit:
"We took this action because time is running out for the residents of Mid-City," said Richard Moe, president of the National Trust. "The acquisition process is moving forward swiftly, and it compels us to ask for an expedited response. We fear that if we waited for the agencies to proceed through the courts at a slower pace, the ongoing process of acquisition would make it much more difficult for the court to evaluate the legal issues objectively."
The acquisition process in indeed proceeding in the VA footprint. Several properties have already been purchased by the state. If the acquisitions aren't halted, the state will doubtless begin to argue soon that it has proceeded too far to turn back.
Sunday, November 29, 2009
"We're leaving if they take our house."
A story in today's Times-Picayune highlights the sad absurdity that passes for reality in The Footprint:
Homeowners suffered the devastation of Katrina and were intrepid enough to return and rebuild with state and federal assistance...only to have the city, state, and federal governments turn around a few years later and force them out of their homes, spending more government dollars to acquire the same properties.
I can understand how someone faced with that prospect would feel betrayed enough to leave the city for good, as Bobbi Rogers, a resident, expressed in the quote at the top of this post.
Louisiana Recovery Authority data shows that Road Home paid owners of 41 properties at least $3.2 million and perhaps more than $3.4 million to rebuild in the neighborhood bounded by Tulane Avenue, South Rocheblave Street, Canal Street and South Claiborne Avenue.
Those properties are among the 432 residential, commercial and vacant parcels the state is in the process of expropriating to make way for the hospitals. The state plans to build the 424-bed successor to Charity Hospital between Galvez Street and Claiborne Avenue. The U.S. Department of Veterans Affairs plans a 200-bed facility across Galvez. It's unknown at this point how much the buyouts will cost.
Homeowners suffered the devastation of Katrina and were intrepid enough to return and rebuild with state and federal assistance...only to have the city, state, and federal governments turn around a few years later and force them out of their homes, spending more government dollars to acquire the same properties.
I can understand how someone faced with that prospect would feel betrayed enough to leave the city for good, as Bobbi Rogers, a resident, expressed in the quote at the top of this post.
Saturday, November 28, 2009
A Different Angle
At Wally Fest, I had a chance to meet a number of people who work for The Phoenix of New Orleans, or PNOLA, a rebuilding organization that channels volunteers and resources to low income homeowners in New Orleans.
Based on Broad Street just blocks from the VA footprint, the organization focused specifically on rebuilding Lower Mid-City since Hurricane Katrina.
It was interesting to hear about Lower Mid-City from a different perspective. As individuals who had invested a great deal in bringing the neighborhood back after the storm, they had built up an intimate knowledge of the people and structures that comprise The Footprint.
I also learned that the building and repair moratorium for area, instituted in December 2007, did in fact expire at some point. I noticed that a building, an old store of some sort, directly across from Outer Banks Bar at the intersection of Palmyra and S. Tonti had very recently been spruced up and painted a bright salmon pink. It's not clear to me whether the owner is looking to use the building, or if he or she is merely taking advantage of the lack of moratorium to obtain a higher buyout price from the state when it comes down to expropriation. Here's a Google Streetview look at the building .
As a side note, it's interesting to peruse the Streetview images inside the footprint, as they all come from a time closer to Katrina where damage is much more extensive than one would see today.
Since I mentioned the state buyout, though, I should note...several properties in the VA footprint have been successfully purchased by the state in the past month. I hope to do a more extensive post focusing on those purchases and what they mean soon.
Based on Broad Street just blocks from the VA footprint, the organization focused specifically on rebuilding Lower Mid-City since Hurricane Katrina.
It was interesting to hear about Lower Mid-City from a different perspective. As individuals who had invested a great deal in bringing the neighborhood back after the storm, they had built up an intimate knowledge of the people and structures that comprise The Footprint.
I also learned that the building and repair moratorium for area, instituted in December 2007, did in fact expire at some point. I noticed that a building, an old store of some sort, directly across from Outer Banks Bar at the intersection of Palmyra and S. Tonti had very recently been spruced up and painted a bright salmon pink. It's not clear to me whether the owner is looking to use the building, or if he or she is merely taking advantage of the lack of moratorium to obtain a higher buyout price from the state when it comes down to expropriation. Here's a Google Streetview look at the building .
As a side note, it's interesting to peruse the Streetview images inside the footprint, as they all come from a time closer to Katrina where damage is much more extensive than one would see today.
Since I mentioned the state buyout, though, I should note...several properties in the VA footprint have been successfully purchased by the state in the past month. I hope to do a more extensive post focusing on those purchases and what they mean soon.
Thursday, November 26, 2009
Wednesday, November 25, 2009
Same Face, New Body
220-222. S. Johnson St.
Notice that the entire rear of the house has new windows and siding--at the very least.
Tuesday, November 24, 2009
Monday, November 23, 2009
Sunday, November 22, 2009
Saturday, November 21, 2009
Friday, November 20, 2009
Offset
I've seen this building from Claiborne in the past. But until recently, I had never viewed it from any other perspective. I was surprised to find out just how interesting the building was when I came at it from another angle - the second story is offset from center in a manner that seems almost more post-modern than early twentieth century Arts and Crafts.
Thursday, November 19, 2009
Wednesday, November 18, 2009
Tuesday, November 17, 2009
Closer to a Reprieve for the VA Footprint?
There's certainly a glimmer of hope to be found in the big news out of Baton Rouge today:
Moments ago, by a 7-3 vote, the Commission on Streamlining Government passed a motion ordering an independent study weighing all possible alternatives to, and the efficacy of, the proposed $1.2 billion LSU medical complex. The study will represent the first ever independent analysis in the ongoing controversy over the abandonment of Charity Hospital and new plans to expropriate and demolish private property in Lower Mid-City to make way for a sprawling new medical center campus.
As Save Charity notes, this will be the first state-commissioned independent study on the issue.
Additionally, any potential delay or alternative is a good thing for the residents of the VA Footprint who don't want to be forced out of their homes...as it makes the ultimate destruction of the neighborhood less likely.
It's a very positive development, but its significance should also be tempered just a tad because there is still work to do to ensure that it's a meaningful development. As the Times-Pic article on the Commission's vote notes, providing some context:
It is far from clear whether another study will change anything -- or if it will ever be conducted, as it would first require the Legislature to allocate money. But the hearing gave further evidence that many state leaders, including allies of Gov. Bobby Jindal, are still not comfortable with the administration's plans for building a 424-bed, $1.2 billion academic medical center at a time of financial strain in state government.
Moments ago, by a 7-3 vote, the Commission on Streamlining Government passed a motion ordering an independent study weighing all possible alternatives to, and the efficacy of, the proposed $1.2 billion LSU medical complex. The study will represent the first ever independent analysis in the ongoing controversy over the abandonment of Charity Hospital and new plans to expropriate and demolish private property in Lower Mid-City to make way for a sprawling new medical center campus.
As Save Charity notes, this will be the first state-commissioned independent study on the issue.
Additionally, any potential delay or alternative is a good thing for the residents of the VA Footprint who don't want to be forced out of their homes...as it makes the ultimate destruction of the neighborhood less likely.
It's a very positive development, but its significance should also be tempered just a tad because there is still work to do to ensure that it's a meaningful development. As the Times-Pic article on the Commission's vote notes, providing some context:
It is far from clear whether another study will change anything -- or if it will ever be conducted, as it would first require the Legislature to allocate money. But the hearing gave further evidence that many state leaders, including allies of Gov. Bobby Jindal, are still not comfortable with the administration's plans for building a 424-bed, $1.2 billion academic medical center at a time of financial strain in state government.
Sunday, November 15, 2009
Party in The Print
Head Inside the Footprint next weekend to stand, literally, with residents of Lower Mid-City. Dubbed "Wally Fest," it promises to be a memorable birthday bash, as the gents over at Save Charity note:
We're planning an 80th birthday party for Wally Thurman - a veteran and life-long resident of LMC (also lead plaintiff in the suit against Mayor Nagin) - next Saturday, November 21st from 6pm-9pm. We'll have music and special guests, including Hot 8 Brass Band and Charmaine Neville. It's going to be a great time and a celebration for a wonderful man.
I know Mr. Thurman lives near Outer Banks Bar on S. Tonti Street at Palmyra, so I'm sure the festivities will be underway in that vicinity, as the flyer below from Derrick Morrison of the Committee to Reopen Charity outlines. I'm looking forward to the party - feel free to stop on by, full details follow (click to enlarge):
We're planning an 80th birthday party for Wally Thurman - a veteran and life-long resident of LMC (also lead plaintiff in the suit against Mayor Nagin) - next Saturday, November 21st from 6pm-9pm. We'll have music and special guests, including Hot 8 Brass Band and Charmaine Neville. It's going to be a great time and a celebration for a wonderful man.
I know Mr. Thurman lives near Outer Banks Bar on S. Tonti Street at Palmyra, so I'm sure the festivities will be underway in that vicinity, as the flyer below from Derrick Morrison of the Committee to Reopen Charity outlines. I'm looking forward to the party - feel free to stop on by, full details follow (click to enlarge):
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