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I hope you’ll send it as a Letter To The Editor of the Xpress and the AC-T.

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On Aug 14, 2008, at 8:03 AM, DrMumpower@aol.com wrote:
Thank you for your note.  Unfortunately, eminent domain creates a precedence for seizing private property that I would not support.  With the decision also comes the responsibility for tax payers to pick up the tab.
 
Carl M.

bbc replies:

yes, but in this case, the property is supposed to remain public in perpetuity.

eminent domain is to only be used for taking private property which because of location, use, etc., is needed for public use.  i don’t see how using eminent domain in this case would be transgressing its original intent for use.  it’s not as if it’s a ‘Kelo case’.

also, it’s better than the taxpayers picking up the tab for the county commissioner’s mistake and the developer’s obvious greed when he and everyone knows property rights have been transgressed!  the taxpayers should pay no more than what the developer paid in return of what is rightfully ours!

bottom line:  the land was not supposed to be sold, therefore, the sale should be null and void.  since there is litigation over this matter, ALL development should be halted immediately, and by any means!

the developer took a big risk figuring the slow turning and corrupt injustice system we have would work to his advantage.  when all else fails, justice should be served, and if justice can only be served via eminent domain, then so be it!

hell, who knows what kind of corrupt deals went down between the developer, the county manager, and commissioners.  We the People do not trust government!

and regarding your mention of not supporting “seizing private property”, as far as i can tell this public property was seized, and now everyone seems to be cowing behind the defense of, “well, we just have to go through the legal procedure, etc…”

OK, we have a legal procedure called, “EMINENT DOMAIN”.  if the commissioners & developers want to RIP OFF the taxpaying citizens of Buncombe County by TAKING OUR LAND, then We the People demand our city council to take it back through any legal means necessary!

it might be worth remembering as elected representatives in government:  as justice continues not to be served via our corrupt judicial & legislative system of government, eventually the People will take justice into their own hands.

in liberty,

bernard baruch carman
- Liberty Liaison, LP-Buncombe.org

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dear City Council & County Commissioners,

i just wanted to chime in once again regarding this entire Parkside fiasco and say that i entirely support the notion of using Eminent Domain if no other solution can be reached (below my signature is a recent post on the subject by Tim Peck, which i support).

i realize people make mistakes. however, it is difficult for me to believe that no one involved — including the developer — had any clue whatsoever that this land which sold directly next to our City & County buildings was not available for sale.

it also makes little sense to me that the developer would not have not done a title search prior to purchasing such a property — or perhaps that was a “mistake” as well. for his reluctance to do what is right to correct the matter, especially in turning down a ridiculously outrageous offer by the County at the expense of the taxpayers, he should lose his shirt on this deal.

for the simple fact that there is ongoing litigation over this issue, it only stands to reason that any & all development on this property should be halted until there is an official judgement in the matter. if there is no other way, then by all means the City/County should exercise Eminent Domain immediately, if need be even after the developer begins construction and at his expense.

from my perspective, the entire fiasco stinks and is yet another example of government corruption and unaccountability. the County Manager and all others who should have known better should be held accountable for these actions.

whether or not the local voters will decide to stand up for liberty and justice as opposed to partisan politics, i won’t hold my breath!

bernard baruch carman
- Liberty Liaison, LP-Buncombe.org

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“It could probably be shown by facts and figures that there is no distinctly American criminal class except Congress.”

–Mark Twain

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Sounds like a delightfully famous quote from someone like Will Rogers or Mark Twain.

Yes, it was a delightful quote from someone like Will Rogers or Mark Twain … me!

Yep.

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Wasn’t there a story somewhere about Deb’s infidelity or his latent homosexuality that kept making the rounds?

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Debs, that grand old Socialist, was mocking the leaders of the railworkers unions that were carrying the water for the rail bosses. Not long after this speech, he was thrown in prison for opposing WWI, and got almost 1,000,000 votes for President from his prison cell.

Why Ralph, are you a Socialist?

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Sounds like a delightfully famous quote from someone like Will Rogers or Mark Twain.

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The neighboring areas of Chicago weren’t too happy about this, so Moore came in one day with this scheme: he zoomed up to one of the checkpoints in two vans; the camera crew jumped out of one, and out of the other jumped a big black guy with a portable barricade and a clipboard. He started stopping cars trying to LEAVE the gated community, and told them they had to be on the guest list if they wanted to enter the City of Chicago. Hilarious.

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In reading the original deed in which Pack conveys all this land to the county (see http://toto.lib.unca.edu/WNC_pack/deed.htm):

“… and that none of said land shall ever be sold or leased by said Board of County Commissioners or their successors and for reversion as aforesaid to said Geo. W. Pack and his heirs if ever a jail should be built thereon on any of said property, should be sold or leased as aforesaid. …”‘

I interpret that as meaning (caveat: I am not an attorney, I follow honest toil) that if SOME of the land is sold ALL of the land reverts to the Pack heirs.

Now, wouldn’t that be something?

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One thing missing from this discussion lately is the background from 2006 – Coleman bought this property, with assistance from the County, specifically to interrupt the City’s plans to develop the Marjorie St. lot. (We know from their emails that the County staff was quietly planning to sell that park land for development without telling the City or the Conservancy). Among the priorities the City Council was discussing for Marjorie St. were the Performing Arts Center, integrating the Eagle/Market St. area into the revitalized city center, workforce housing, etc. All that would be shoved to the back of the line to make room for yet another luxury condo building, and the City Council rightly said, sorry, make a proposal like anyone else, and we’ll consider it. Coleman refused to wait, and then started threatening to build in the park, in FRONT of what the City thought was their parkfront property. Wherever you come down on the merits of those other priorities, you have to acknowledge that the City has the right to oversee development on THEIR land, and that the Parkside gambit has thrown a huge wrench into that effort. (This is a direct challenge to everyone who hopes that there will be more openness and accountability in local government; the old guard has attempted to derail the trend towards conducting development plans in public; they want deals to happen behind closed doors, with their cronies at the head of the line.)

Part of the argument for ED, for me at least, is that Coleman has stalled a vital public project (the development of the Marjorie St. lot, not to mention the impact on the park), and that his rights end where the public’s begin.

On a more serious topic, I thought Star Trek Enterprise was a very fine series, and it’s a drag the studio pulled the plug on it so abruptly.

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eliminate it entirely and the public sector becomes impoverished and impotent. Schools don’t get built, roads don’t get built, etc.

I do agree with that.

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