Kelo-New London Update: And Then There Were Four (UPDATED for Reax and the Gov’s Proposal AP Did Not Report)
For the full text of Connecticut Governor Rell’s letter to New London’s mayor and a current map of the situation, go to this June 2 post.
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Two of the six remaining Kelo-New London holdouts have settled with the New London Development Corporation (NLDC).
This evening I’ll look more closely at the situation (see UPDATE below), but for now here are links to:
- The New London Day article (should be free today, will require registration tomorrow, and will require subscription after about June 7).
- The Associated Press story, which sources The Day’s piece, the Stamford Advocate.
- The AP piece in the Boston Globe.
UPDATE: It’s “interesting,” to say the least, what the AP chose to omit from its report (which it directly sources to The New London Day). Thanks to what they left out of the New London Day’s original coverage, most of the nation will not know that those who settled expressed solidarity with the remaining holdouts, and that Connecticut Governor Jodi Rell has recommended an arrangement that has the potential to break the deadlock.
So before it slips behind The Day’s subscription wall in a week and essentially disappears from cyberspace forever, let me first quote what the two holdouts who settled with the NLDC had to say (either directly or through their spokesperson at The Institute for Justice) about their settlement:
“My family circumstances have changed drastically since I started this battle to keep our family homes several years ago,” Matthew Dery, son of plaintiffs Charles Dery and the late Wilhelmina Dery, said in a statement relayed through Institute for Justice senior attorney Scott Bullock, who argued the plaintiffs’ case before the U.S. Supreme Court.
“My father is elderly and can no longer maintain his home on his own. My mother, Wilhelmina Dery, on whose behalf I was primarily fighting, passed away earlier this year. But she was able to spend the rest of her life at her home in which she had lived her entire life. For that fact I am eternally grateful to the Institute for Justice and the many other people and organizations that have supported our fight,” Dery said.
“Even though I have reached a settlement with the city, I completely support the other homeowners in their fight to keep their homes. Moreover, I still firmly believe that what happened to me and the other property owners in Fort Trumbull was terribly wrong. No American should face the loss of their home so that other private interests may benefit.”
Neither Brelesky nor Athenian could be reached by telephone Wednesday night. Athenian stands by the remaining plaintiffs, Bullock said, but was not interested in relocating his house, the only option aside from financial compensation being offered to the former property owners.
By not reporting the holdouts’ full situation that led to their settlement, and by not reporting that those who did settle expressed solidarity with those who haven’t, The Associated Press is in my opinion incorrectly implying that the holdouts were divided, and to an extent that those who settled were always in it for the money anyway.
The AP also chose not to report what appears to be a very big modification to what is being offered to the remaining holdouts:
In her letter to (New London Mayor Elizabeth) Sabilia, Rell said that “state funds that have previously been made available to the City to assist in reaching a financial settlement shall be withdrawn and will be unavailable as to any remaining occupants who have not reached an agreement as of June 15, 2006.”
Rell also recommended that the city offer to relocate the primary residences, but no investment properties, of the remaining plaintiffs to Parcel 4A. Under that proposal, the plaintiffs would be given deeds to the parcel upon which their properties would be relocated, but the deeds would include restrictive covenants that would return them to the city “upon transfer or death of the title holder.” Sabilia previously proposed a plan to cluster the houses on Parcel 4A and allow their former owners life tenancy at Fort Trumbull without ownership.
Governor Rell may have hit on what it takes to settle things once and for all, but you wouldn’t know it unless you read The New London Day’s full report. Plus, Rell wants a deal done in two weeks, which appears to inject a great deal of urgency into the situation, which had been expected by Scott Bullock and others to move into a 90-days-to-eviction phase.
Rell’s recommendation isn’t everything the holdouts want, which is unconditional ownership, but it does give them their titles back during their remaining lives. Rell’s offer would appear to get rid of the odious requirement previously stipulated that the holdouts would have to pay rent on their properties during their life tenancy (if they hold the titles, there is presumably no need to pay rent). Property-rights purists (of which I am one) will be less than pleased that there are any covenants at all on the title, but developers and urban planners will surely be appalled that the holdouts would be getting their titles back in any form.
It will be very interesting to see the reaction of the NLDC, the Council, the holdouts, and The Institute for Justice to Rell’s idea. Too bad AP wasn’t interested in relaying this drama to the rest of us.














