Kelo Sands Springs Update:
Double-Speak Obscures the Ugly Truth
Yesterday, LifeLike Pundits claimed that the story underlying this previous post is a “hoax,” and excerpts a Tulsa World article that is not available to non-print subscribers without a paid subscription:
SAND SPRINGS — A church that lies in the path of Sand Springs’ proposed Keystone Corridor redevelopment project is being cited nationally as an example of government flexing its power of eminent domain to take property for private commercial use.
But there’s a problem with the National Review Online’s assertions, city officials said: The city hasn’t filed any condemnation action against Centennial Baptist Church, nor does it intend to.
“There’s no eminent domain action going on against any properties there,” City Manager Loy Calhoun said. “No actions, no intents — nothing like that’s been done in the area.”
But this e-mail I received this morning from Louis Red Corn at Tulsa World in response to my request for clarification shows that the fact that an eminent-domain condemnation action hasn’t been filed, or that there is no “intent” to file, is really a distinction without a difference:
i am unclear on what you want from me. Clarification about what? I can tell you that no eminent domain action has been filed against that church (or against two other churches and a host of houses and businesses), though it is certainly understood that the city of (I assume she meant “is”) determined to get the church property. and I believe that the O’Reilly Auto Parts store is actually slated for demolition.
I have utterly no control over our website and how stories are released. Sorry about that. I am not fond of subscription sites myself, but the higher ups here take their copyright very seriously.
So now it’s more than one church (the status of the O’Reilly store has been changed to “UNCLEAR” in the original post).
Look, folks, it’s the threat of eminent domain and the fact that Kelo makes it easier for the government to take control of property that is the important thing here, not whether the actual eminent-domain filings have occurred, or for that matter whether they ever will occur.
Of course, the Vision 2025 implementers (who are, remember, “determined” to get the properties) don’t “intend” to file eminent domain, unless there’s resistance, and of course they hope there is none. Thanks to Kelo, it becomes more likely that there will be no resistance, because the chances of beating an eminent domain action have been lowered to near-zero. Only someone who is willfully blind would conclude that if the church, now churches, end up selling under government-induced duress (and let’s not forget the targeted houses and businesses), that the Supreme Court’s Kelo ruling will have had nothing to do with it.
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UPDATE: I received a copy of the Tulsa World article in an e-mail, and it does indeed state that two other churches are involved, or, as Ms. Red Corn writes, “destined to be cleared.”
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UPDATE 2: I e-mailed Heather Wilhelm of Americans for Limited Government, the author of the National Review Online article that led to my first post on the Sand Springs situation, and received this response. It (of course) confirms that the eminent-domain threat is the government’s trump card:
On Friday, the city issued a rather amusing press release denying that eminent domain was in play. Their reason? It hasn’t happened….yet.
I’m quoting from them directly:
“We are working with the residents, business owners, churches and other interests involved to reach acceptable purchase offers for their properties,†said City Manager Loy Calhoun. “It is the goal of the City Council and the Sand Springs Development Authority to complete the acquisition process voluntarily…Eminent domain has not occurred and could only occur as a last step.â€
The reverend has been told-—at city council meetings and, now, in a Meeting that he has on tape-—that this is a done deal, and that the only thing under negotiation is the price.
If this isn’t eminent domain, that would be fabulous news–because it would mean that the reverend gets to keep his church. Unfortunately, that’s not the case, as he’s been told repeatedly.
UPDATE, Jan. 24: Received this today in an e-mail from Tim Farley, who I verified is the managing editor of the Sand Springs Leader –
City manager Loy Calhoun has never ruled out eminent domain. In fact, a story published in our paper on Sunday quotes Calhoun as saying eminent domain has not been ruled out and neither has the idea of leaving the church alone and letting the development occur around it.
It does remain a possibility if things can’t be worked out. For any city official to say it won’t occur is irresponsible.
FYI: Calhoun announced his resignation a couple of weeks ago and will be leaving his job at the end of June.
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Update: KELO and the churches
Filed under: America
Bizzy Blog has an update on the story I had posted on here. The update: SAND SPRINGS — A church that lies in the path of […]
Pingback by The Anchoress » Update: KELO and the churches — January 23, 2006 @ 4:05 pm
Your right on target! Well stated indeed! People want to ignore that if a disgusting law COULD be used, it WILL be used when the necessity arises.
This is precisely why I say that we are Communist government, just waiting for a Communist leader. All of the infrastructure is in place. Just one Communist leader who manages to get into the presidential office, and we are done for! Nothing but revolution could save our freedom at that point.
Comment by speedothebrief — January 24, 2006 @ 12:22 am
#2, that is not one of the more pleasant thoughts I have seen articulated, but you make a very credible point, although I think it would be a gradual progression through Socialism lite through to worse things.
Comment by TBlumer — January 24, 2006 @ 12:36 am
This is all much ado about nothing right now. I live in Sand Springs, have my entire life. This story is being blown out of proportion by the national media just hungry for a story. Emminent domain has NEVER been mentioned by the city, it was the Pastor who first mentioned such a thing.
Has anyone here even seen this church? I drive by it on a weekly basis and the thing is a dump in the middle of a bunch of dumps. $132,000 is more than a fair price for a steel building that probably cost no more than $15,000 to build and sits on land that is probably worth less than 1/2 of that. People need to look at the area this is in as a whole. It is a horribly blighted area that just sinks further into waste every year. It has been like that since I was a child, I’m 36 now, and only gets worse. Back when I was in high school the city offered to purchase the land in order to build a new pre school/early learning center, whatever you want to call it. The result back then was that the residents started screamin racism and saying the city was trying to push them out because they are black. Stupidity in its finest form. The city was trying to buy the land to extend the current kindergarden and build new pre school facilites. As a result of the cries of racism the city backed off its plan.
What has happened in that area since? The houses have continued to crumble and the blight continues. This area needs to be cleaned up and the city is trying. Now we have a small church that has less than 80 members that is blocking the way of progress because they want vastly more than their building and land is worth. It is a shame that such a small group of people can block the development of an area that needs it so badly. This is not about emminent domain, this is about a Pastor trying to make a name for himself and trying to milk the publicity for all it is worth. He keeps saying they need more $$ in order to build a new church. Why? There are empty buildings all over Sand Springs that are nicer than their current location and could be had for around what the city is offerning them. Instead of taking the deal and moving to a nicer location the Pastor is doing his flock a disservice by stonewalling the city.
Remember, the city never mentioned emminent domain. The city didn’t call the news media. The city didn’t threaten eviction or legal action of any kind. All the city did was make an offer for the property. It was the Pastor who went running to the media screaming emminent domain.
Comment by shiner — January 30, 2006 @ 9:08 am
#4, Elsewhere, the city has conceded that eminent domain will be used if the church doesn’t sell. The fact that it was never mentioned is irrelevant; thanks to Kelo, it’s always there, lurking, hanging around, whether someone mentions it or not.
If the Rev is just playing the press to get more money and really isn’t interested in staying where he is (especially if everyone else moves), which I will acknowledge is a possibility, shame on him.
I have seen the inside of the Church, on Hannity & Colmes last week.
My point has always been: Pre-Kelo, at least in theory (because legal help isn’t cheap), the Church couldn’t have been forced to sell. That’s not arguable. Post-Kelo, it can be, and at some point the Church is powerless. I think that’s wrong.
Comment by TBlumer — January 30, 2006 @ 10:18 am