Most recent developments:
- Ralph Blumenthal of the New York Times has a story today (requires free registration) excerpted below on the Centennial Baptist Church controversy.
- The matter is receiving a great deal of local and national attention — (from the Times article) “The Sand Springs Leader stepped up coverage of Mr. Gildon, and a local radio host, Dillon Dodge, broadcast a program on the dispute. ‘Hannity and Colmes,’ the talk show on the Fox News Channel, plans a program from Sand Springs on Wednesday, Ms. Wilhelm said.” Heather Wilhelm is the author of the National Review Online article that has ultimately led to the Sand Springs Project’s national visibility.
- Contrary to contentions in the comments section at another blog (which also erroneously characterized this entire controversy as a “hoax”), vision2025.info IS the official web site of Vision 2025, per David Arnett of Program Management Group LLC in Tulsa, which operates the web site.
- I also spoke with Mr. Arnett on his personal take in the Sand Springs matter, which I will go into after The Times excerpt.
Now to The Times story (excellent journalism — since I’ve beaten up on them often in the past, they deserve their due on this one; bolds mine; links within article added by me):
Humble Church Is at Center of Debate on Eminent Domain
SAND SPRINGS, Okla. - With bulldozers churning up the earth at the front door, the small Centennial Baptist Church in this struggling industrial hub west of Tulsa seems about to fall to the wrecker.
But the construction is just roadwork, for now. And that is all it will ever be if the congregation has its way.
“The Lord didn’t send me here to build a minimall,” said the longtime pastor, the Rev. Roosevelt Gildon.
In what a local newspaper called “a battle between God Almighty and the almighty dollar,” Sand Springs is moving ahead with a redevelopment plan to clear the church and other occupants from the rundown district near downtown to make way for superstores like the Home Depot.
“I’m open to anyone telling me how we’re going to pay for city services,” said Mayor Bob Walker, who said the city was seeking to negotiate fair prices with Mr. Gildon and other property owners - 41 offers have been accepted - and would use eminent domain only as a last resort.
Strengthened by a United States Supreme Court ruling last summer that approved the condemnation of private property by New London, Conn., for resale to other private interests for what the court called “public purpose,” municipalities around the country are considering similar forced takings, to a chorus of opposition by local interests and state legislators.
….. Here in Sand Springs, a city of 17,600 on the Arkansas River founded by Charles Page, the oilman, industrialist and philanthropist, the redevelopment plan dates from 2003. County voters agreed to add fractions of a penny to the sales tax for special projects, in the Sand Springs case $14.5 million to acquire private tracts on 96 acres along the highway for redevelopment.
But the project was thrust into the national spotlight on Jan. 17 with an article posted on National Review Online by a conservative group, Americans for Limited Government, based in Glenview, Ill., that has been working with Oklahomans in Action and other groups to gather signatures for the “Protect Our Homes” movement and budget-curbing measures on state ballots.
….. City officials, mortified at being portrayed as villains, protested that they had not seized any property and might not. “Eminent domain is not being used at this time to acquire property,” City Manager Loy Calhoun said in a statement Friday. “Media reports to the contrary are inaccurate.”
But in interviews, Mr. Calhoun and Mayor Walker acknowledged that it remained a last resort if the city and property owners could not agree on price.
Mr. Gildon, sitting in a pew of the church that he has led for 14 years, the last seven in a new building that cost $90,000, said he and other leaders of the congregation met last week with a relocation agent working for the city, the Cinnabar Service Company, and came away believing that they had little choice but to sell.
“If you tell me this is going to happen,” he said, “that tells me it’s eminent domain.”
He said the offer of $142,000 for the church and two extra lots was not enough to move to a new location where he could serve his 50 or so regular members. He said he was “praying over” the question of a counteroffer. “If I have to move,” he said, “we’re not going out of existence.”
“….. (he) said he told city officials, “The Lord did not lead me here to sell out the church.”
If the parties cannot agree, a team of three appointed appraisers devises a final offer, and whether or not the seller is happy, the city can take it for that price - and sell it to someone else.
Other property owners in the first 25-acre redevelopment zone said they felt that the city’s initial offer of $1 a square foot was far too low. A fairer figure, several said, would be $8.50.
“I don’t have a problem with the city,” said Joe Harrison, who runs the Firestone dealership downtown. “I just don’t want them stealing my land.”
In the Muffler Stop a few blocks from the church, Ernie Nanney said the city first offered him $65,000 “which is less than I paid 25 years ago.” He said that he counteroffered $350,000 and that the city came back with $85,000. (NOTE: Based on this, the status of the Muffler Shop at this post has been changed to BEING TAKEN; note that the McDonald’s in the area is NOT–Ed.)
In her small wood-frame house on Oak Street, Ray Jean Smith-Knight, 72, said that when she grew up a few houses away the neighborhood was “a little old Wall Street” of black professionals, and survivors of the Tulsa race riot of 1921 were welcomed to Sand Springs by Charles Page.
Ms. Smith-Knight said that she had yet to receive a buyout offer and that despite the deterioration of the area did not relish leaving.
“I’m not happy about it but I don’t have a choice,” she said. “So many people have passed away that used to be fighters. One or two cannot fight.”
Leave it to Reverend Gildon to cut to the chase: The forced acceptance of the city’s offer, with the threat of eminent domain backing it up, means that the government’s expanded right of eminent domain (thanks to Kelo) made the property transfer happen, whether or not the city is ever forced to condemn the property.
David Arnett’s Take
Mr. Arnett and I had an extensive conversation about the Sand Springs project and his personal views of it. Here are the main things I took away from it:
- City officials are sincere in their belief, and he also believes, that they are doing what they believe is in the best interest of the community, and they don’t want to have to use eminent domain.
- The area involved is very blighted, and most people living there are renters in non owner-occupied housing. Most have been oblivious to the city’s hopes and plans for the area, though they have been known and publicized for many years.
- There are properties in the area that have been sitting idle for 20-30 years and more.
- If the church doesn’t sell and most others in the area do, Rev. Gildon’s congregation, who apparently mostly walk to church now, will have mostly moved out on him, and may not come back for services.
- It’s a low population-density community that he believes won’t be able to do effective development on a piecemeal basis, because no single retail enterprise can justify being the first one in.
- If the city and county’s agenda is going to be questioned, the agenda of others involved in this fight should be brought to light.
All right. Let’s assume for the moment that everyone involved in all sides of this controversy, regardless of their “agenda,” is sincere and believes they are doing the right thing.
It still all comes back to Kelo. Before that ruling, the city, for better or worse, would have had no choice but to let the Centennial Baptist Church stay right where it is, and to let any other holdouts do the same. Kelo changed that. On balance, I don’t believe that’s a good thing.
As I said in this previous post about New London, CT:
“If the Kelo Seven are being selfish, shortsighted, obtuse, etc., it’s their right. They earned that right when they took ownership of their property. So-called larger societal goals beyond those that truly benefit the common good (roads, bridges, etc.) don’t enter into the equation.”
I believe that the same holds for the Reverend and others in the Sand Springs Project area.
If enough people decide my view of things is wrong, the proper avenue for redress is to appropriately amend the Constitution. It is not pretending, as the majority in Kelo did, that it allows something it clearly doesn’t.
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UDPATE, Jan. 25 3PM ET: In an e-mail, Mr. Arnett provided me with the city’s Jan. 20 response to the original NRO article. His e-mail added, in part (his opinions, not mine):
Sand Springs is a delightful small community, but the area in question is in desperate disrepair. The majority of homes in the area designated are not owner occupied – slums really – and empty warehouses that have sat unused for so long that even metal For Sale and For Lease signs have rusted falling to the ground. The area is considered blighted in the heart of the city adjacent to an expressway. That expressway provides traffic counts of significant levels to draw investment from retail, dining, and entertainment entrepreneurs beyond what a small city could measure otherwise. Thus, the location is critical for a higher quality of life Sand Springs residents’ desire.
….. I do certainly understand the concern over the recent Supreme Court “Kelo†decision. From what I can gather, the Phillips Foundation and Americans for Limited Government are both fine efforts, but Sand Springs, Oklahoma is not the poster child for a campaign to reverse Kelo.
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