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Jewish World Review July 28, 2005 / 21 Tammuz, 5765 This land is your land — No, your land is their land By Debra J. Saunders
http://www.JewishWorldReview.com |
A letter on the front of what used to be Revelli Tires in
Oakland warns: "Eminent domain unfair. To learn all about the abuses of
eminent domain, please go to www.castlecoaliton.org. Educate yourself. Pay
attention. You could be next."
John Revelli wrote the note after the city of Oakland evicted
him on July 1 from his own property — and a business run by his family
since 1949 — so that a private developer could build apartments on his
land. It especially galls him, Revelli told me over the phone Tuesday, that
while he has been forced away from his livelihood for weeks, Oakland hasn't
done anything with his property. Go look at the building, he said, and the
sign will still be there because the city hasn't touched anything. Sure
enough, the sign was up on Tuesday night.
Oakland also evicted Tony Fung, Revelli's next-door neighbor and
the owner-operator of Autohouse on 20th Street. "I am a first-generation
immigrant," Fung told me. "This is my American dream."
To hell with Fung's dream — the city of Oakland seized it, so
that someone else can build on it. And without offering enough money for
Fung to relocate his business, he says.
The city has legions of lawyers to press its case, while Fung
says he has to scrape together pennies to hire an attorney.
"There's no way a small guy like me is able to fight that,"
Fung noted. He has lost his business, his property and the belief that
private property is truly private in the United States. That last item —
belief in the system — was destroyed in June, when the U.S. Supreme Court
ruled in a 5-4 decision that governments can seize private property to give
it to private developers. Somehow, that sweetheart deal constitutes "public
use" — maybe because city government grows richer through increased tax
revenue.
That may explain why the Oakland City Council voted six-to-one
to authorize this eminent-domain seizure. One vote and — voila — you see
two small businessmen up against City Hall, the Big Bench and big
developers. Talk about being outgunned.
Dana Berliner, a lawyer for the libertarian-leaning Institute
for Justice, which fights government eminent-domain overreach, argued that
the California Supreme Court and state law don't bolster eminent-domain
abuses. But: "The laws are routinely ignored because local governments know
most people can't afford to fight them."
"A constitutional amendment is the best way of protecting
California citizens from tax-hungry local government and land-hungry
developers," Berliner added. Please note: State Sen. Tom McClintock has
drafted an amendment for just that purpose.
Meanwhile, Revelli and Fung have lost their livelihoods.
I plead guilty to gushing back in 1999 about Mayor Jerry Brown's
plan to add 6,000 units of housing to the downtown area — and with private
money. I never dreamed, however, that Oakland would evict successful,
blight-free businesses so that private developers could make more money.
I called the offices of Council Members Jane Brunner and Ignacio
De La Fuente, Mayor Jerry Brown, and some city officials connected with what
is called the Uptown Project. I heard many reasons why various biggies
couldn't talk to me.
Brown — to his credit — did talk.
"I know Revelli," said Brown. "He fixed my brakes, twice." Brown
lives seven blocks away from Revelli's shop. He admitted that Autohouse and
Revelli Tires are not blighted, but told of other buildings nearby that were
crime-ridden and vermin-infested before the city pushed for redevelopment.
"You cannot have a downtown with this kind of abandonment," said
Brown. And: "There is a greater good here," in eradicating the blight and
replacing it with homes.
The mayor also made a pledge: "It's not easy, but I personally
pledge to do everything I can to get this guy located." Fung, too.
If that doesn't happen, it is not as if Oakland couldn't
redevelop the land around Autohouse and Revelli Tires, which occupy about
6,500 square feet amid asphalt parking lots.
Well, there was one problem with Revelli's property: It was on
such a prime location, the government virtually stole it.
You could be next.
Woody Guthrie wrote: "This land is your land, this land is my
land, from California to the New York Island. From the redwood forest, to
the gulf-stream waters, this land was made for you and me."
As far as the U.S. Supreme Court and Oakland are concerned, alas,
those lyrics are all wet. To the true believers in eminent domain, your land
is their land, and all land was made to produce optimal tax revenue.
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Comment JWR contributor Debra J. Saunders's column by clicking here. © 2005, Creators Syndicate |
Arnold Ahlert | |||||||||||
