THE EMINENT DOMAIN THREAT TO CHURCHES
From Idaho Values Alliance
http://www.idahovaluesalliance.com/papers.asp?id=43
Last summer’s Supreme Court Kelo decision was a legal, constitutional, and public policy disaster no matter how it is viewed. The Court twisted the Constitution’s eminent domain provision beyond recognition to justify the involuntary transfer of property from one private party to another. The Court gave local government virtually unlimited freedom to condemn any property it wants and turn it over to private developers. This, of course, is simply a form of legalized theft.
The original purpose of eminent domain was to grant government authority to take land from private citizens for public use, historically understood to refer to things like roads and bridges. The Constitution, representing the will of the people, insists that owners be given “just compensation” for their loss, and on that basis does permit the transfer of property from private hands to government entities for “public use.” Essentially, the people, through their elected representatives, become the new owners and users.
However, Kelo granted local governments the “right” to take private property from its owners and hand it over to developers for building things like new shopping malls and condos. The purpose of such takings, of course, is to increase property tax revenue and fill the grasping hand of government. This is flatly unconstitutional, as it allows eminent domain to be invoked for “private use” rather than “public use,” which would have been abhorrent to the Founders.
A particular threat to churches
Churches historically have been exempt from property tax, as have charitable organizations in general, in recognition of their non-profit status and the great contributions they make to the spiritual, moral, and social life of their communities.
However, because they generate no ongoing property tax revenue, churches, synagogues, and other houses of worship can become particularly tempting targets for the greedy hand of government and for developers looking for prime real estate for their next condominium project or shopping mall. In fact, the better the location, the greater the risk.
Liberals and conservatives alike recognize the gross overreach of Kelo
The National Council of Churches leans pretty far to the left theologically and politically. Yet listen to what Bob Edgar, the general secretary of the NCC, has to say.
“After the Kelo decision, local governments apparently are free to take private property on the theory that generating higher tax revenue is a valid ‘public use’ of property. This certainly is a substantial threat not only to churches and nonprofit organizations, but to every homeowner whose property could be taken and put to a higher commercial use. This is bad public policy which cannot be permitted to stand.”
Dr. James Dobson, founder of Focus on the Family, issued a similar warning last year.
“The Kelo case essentially stripped away protection for property rights, which is one of the foundations of a free society. A Wall Street Journal poll indicated that the legal issue people care about, above all other issues right now - including even the sanctity of human life – was private property rights.”
Eminent domain abuse in action
The poster child of eminent domain abuse is Centennial Baptist Church in Sand Springs, Oklahoma. Centennial is a small black congregation located in a humble section of town, whose plight even came to the attention of the New York Times (Humble Church Is At Center of Debate on Eminent Domain, NYT, January 25, 2006).
The city fathers of Sand Springs, emboldened by the Kelo decision, intend to forcibly take the church’s property to build a Home Depot. But the pastor and the church does not want to sell. “The Lord didn’t send me here to build a minimall,” said the Rev. Roosevelt Gildon.
The church is like a small family and has been serving the community for many years. A number of the elderly members and other parishioners who do not own cars often walk to church.
As a local newspaper says, it’s a “battle between God Almighty and the almighty dollar.” Heather Wilhelm, in National Review, said, “It’s not just grandma’s house we have to worry about. Now it’s God’s house, too.”
As Rev. Gildon said, “I guess saving souls isn’t as important as raking in money for politicians to spend.”
The city offered a lowball figure for their seven-year-old building and property. The offer was so low it would not enable the congregation to relocate, and the church in essence would be forced out of existence. Two other churches, several businesses, dozens of small homes, and a school are also in the path of the bulldozer.
Adjacent landowners have been offered less than 1/8 what they estimate their property is worth. In one case, a businessman was offered less than he paid for his property 25 years ago. And yet, given the Kelo decision, there is virtually nothing that can be done. “I had no idea this could happen in America,” said Rev. Gildon.
Meanwhile, a nearby taxpaying McDonald’s and a taxpaying muffler shop are being left alone.
Oklahomans responded by collecting enough signatures to put an initiative on this November’s ballot that will put a stop to eminent domain abuse.
Since eminent domain abuse directly threatens churches, they have considerable latitude to engage in this issue. Churches can freely circulate petitions, for instance, among their members, as well as lobby directly for eminent domain reform with legislators without endangering in any way their 501[c]3 status.
Centennial Baptist not alone
But Centennial Baptist Church is by no means the only worship center to fall victim to eminent domain overreach.
The San Francisco Bay View, recently honored as the “National Black Newspaper of the Year,” identifies at least seven other churches who have suffered from the misuse eminent domain powers.
Ø The Filipino Baptist Church in Long Beach, Calif., is fighting condemnation proceedings intended to turn the church’s property over to a condominium developer. “Every day, the young kids pray that this church would not fail,” said one parishioner.
Ø Boynton Beach, Fla., is going after two churches to give its property to a private developer for apartments, stores, and parking facilities.
Ø Scituate, Mass., is considering taking the 25 acres belonging to St. Francis X Cabrini Catholic Church for private development.
Ø A non-denominational church in Visalia, Calif., purchased a downtown building for a new worship center. While it was in escrow, the city condemned the property to keep the church from completing the deal. The city intends to hand it over to a developer who will build a private arts center instead.
Ø Biloxi, Miss., condemned the parking lot of Living Waters Ministries to make way for a casino, which has yet to be built.
Ø Alabaster, Ala., condemned a church in August of 2003 so a developer could build a 400-acre retail center anchored by Wal-Mart.
Ø St. Luke’s Pentecostal Church in North Hampstead, N.Y., saved for years to move out of a rented basement into a permanent home. The property they purchased was condemned for private retail development, and remains a vacant lot six years later.
Justice O’Connor’s dissent
While conservatives were frequently critical of Justice Sandra Day O’Connor’s Supreme Court decisions, she was spot-on in her dissent from the majority in the Kelo ruling.
She said, “[T]he government now has license to transfer property from those with fewer resources to those with more. Today nearly all real property is susceptible to condemnation on the Court's theory.”
Quoting a dissenter in a lower court ruling, she went on to say, “[N]o homeowner's, merchant's or manufacturer's property, however productive or valuable to its owner, is immune from condemnation for the benefit of other private interests that will put it to a “higher” use.’”
Churches not alone
The Castle Coalition has identified 10,000 eminent domain abuses in recent years alone, including a raft of them immediately following the Kelo decision. Curbing eminent domain abuse is the proper concern of every citizen who cares about the abiding standard given to Moses by God on the Mount: “Thou shalt not steal.”
National Review Online: Unholy Land Grab
ThisHouseisMYHome.com - Protecting your home and property from government abuse
(Thanks to researcher Tammy Seydel for her help with this Position Paper.)
From Idaho Values Alliance
http://www.idahovaluesalliance.com/papers.asp?id=43
Last summer’s Supreme Court Kelo decision was a legal, constitutional, and public policy disaster no matter how it is viewed. The Court twisted the Constitution’s eminent domain provision beyond recognition to justify the involuntary transfer of property from one private party to another. The Court gave local government virtually unlimited freedom to condemn any property it wants and turn it over to private developers. This, of course, is simply a form of legalized theft.
The original purpose of eminent domain was to grant government authority to take land from private citizens for public use, historically understood to refer to things like roads and bridges. The Constitution, representing the will of the people, insists that owners be given “just compensation” for their loss, and on that basis does permit the transfer of property from private hands to government entities for “public use.” Essentially, the people, through their elected representatives, become the new owners and users.
However, Kelo granted local governments the “right” to take private property from its owners and hand it over to developers for building things like new shopping malls and condos. The purpose of such takings, of course, is to increase property tax revenue and fill the grasping hand of government. This is flatly unconstitutional, as it allows eminent domain to be invoked for “private use” rather than “public use,” which would have been abhorrent to the Founders.
A particular threat to churches
Churches historically have been exempt from property tax, as have charitable organizations in general, in recognition of their non-profit status and the great contributions they make to the spiritual, moral, and social life of their communities.
However, because they generate no ongoing property tax revenue, churches, synagogues, and other houses of worship can become particularly tempting targets for the greedy hand of government and for developers looking for prime real estate for their next condominium project or shopping mall. In fact, the better the location, the greater the risk.
Liberals and conservatives alike recognize the gross overreach of Kelo
The National Council of Churches leans pretty far to the left theologically and politically. Yet listen to what Bob Edgar, the general secretary of the NCC, has to say.
“After the Kelo decision, local governments apparently are free to take private property on the theory that generating higher tax revenue is a valid ‘public use’ of property. This certainly is a substantial threat not only to churches and nonprofit organizations, but to every homeowner whose property could be taken and put to a higher commercial use. This is bad public policy which cannot be permitted to stand.”
Dr. James Dobson, founder of Focus on the Family, issued a similar warning last year.
“The Kelo case essentially stripped away protection for property rights, which is one of the foundations of a free society. A Wall Street Journal poll indicated that the legal issue people care about, above all other issues right now - including even the sanctity of human life – was private property rights.”
Eminent domain abuse in action
The poster child of eminent domain abuse is Centennial Baptist Church in Sand Springs, Oklahoma. Centennial is a small black congregation located in a humble section of town, whose plight even came to the attention of the New York Times (Humble Church Is At Center of Debate on Eminent Domain, NYT, January 25, 2006).
The city fathers of Sand Springs, emboldened by the Kelo decision, intend to forcibly take the church’s property to build a Home Depot. But the pastor and the church does not want to sell. “The Lord didn’t send me here to build a minimall,” said the Rev. Roosevelt Gildon.
The church is like a small family and has been serving the community for many years. A number of the elderly members and other parishioners who do not own cars often walk to church.
As a local newspaper says, it’s a “battle between God Almighty and the almighty dollar.” Heather Wilhelm, in National Review, said, “It’s not just grandma’s house we have to worry about. Now it’s God’s house, too.”
As Rev. Gildon said, “I guess saving souls isn’t as important as raking in money for politicians to spend.”
The city offered a lowball figure for their seven-year-old building and property. The offer was so low it would not enable the congregation to relocate, and the church in essence would be forced out of existence. Two other churches, several businesses, dozens of small homes, and a school are also in the path of the bulldozer.
Adjacent landowners have been offered less than 1/8 what they estimate their property is worth. In one case, a businessman was offered less than he paid for his property 25 years ago. And yet, given the Kelo decision, there is virtually nothing that can be done. “I had no idea this could happen in America,” said Rev. Gildon.
Meanwhile, a nearby taxpaying McDonald’s and a taxpaying muffler shop are being left alone.
Oklahomans responded by collecting enough signatures to put an initiative on this November’s ballot that will put a stop to eminent domain abuse.
Since eminent domain abuse directly threatens churches, they have considerable latitude to engage in this issue. Churches can freely circulate petitions, for instance, among their members, as well as lobby directly for eminent domain reform with legislators without endangering in any way their 501[c]3 status.
Centennial Baptist not alone
But Centennial Baptist Church is by no means the only worship center to fall victim to eminent domain overreach.
The San Francisco Bay View, recently honored as the “National Black Newspaper of the Year,” identifies at least seven other churches who have suffered from the misuse eminent domain powers.
Ø The Filipino Baptist Church in Long Beach, Calif., is fighting condemnation proceedings intended to turn the church’s property over to a condominium developer. “Every day, the young kids pray that this church would not fail,” said one parishioner.
Ø Boynton Beach, Fla., is going after two churches to give its property to a private developer for apartments, stores, and parking facilities.
Ø Scituate, Mass., is considering taking the 25 acres belonging to St. Francis X Cabrini Catholic Church for private development.
Ø A non-denominational church in Visalia, Calif., purchased a downtown building for a new worship center. While it was in escrow, the city condemned the property to keep the church from completing the deal. The city intends to hand it over to a developer who will build a private arts center instead.
Ø Biloxi, Miss., condemned the parking lot of Living Waters Ministries to make way for a casino, which has yet to be built.
Ø Alabaster, Ala., condemned a church in August of 2003 so a developer could build a 400-acre retail center anchored by Wal-Mart.
Ø St. Luke’s Pentecostal Church in North Hampstead, N.Y., saved for years to move out of a rented basement into a permanent home. The property they purchased was condemned for private retail development, and remains a vacant lot six years later.
Justice O’Connor’s dissent
While conservatives were frequently critical of Justice Sandra Day O’Connor’s Supreme Court decisions, she was spot-on in her dissent from the majority in the Kelo ruling.
She said, “[T]he government now has license to transfer property from those with fewer resources to those with more. Today nearly all real property is susceptible to condemnation on the Court's theory.”
Quoting a dissenter in a lower court ruling, she went on to say, “[N]o homeowner's, merchant's or manufacturer's property, however productive or valuable to its owner, is immune from condemnation for the benefit of other private interests that will put it to a “higher” use.’”
Churches not alone
The Castle Coalition has identified 10,000 eminent domain abuses in recent years alone, including a raft of them immediately following the Kelo decision. Curbing eminent domain abuse is the proper concern of every citizen who cares about the abiding standard given to Moses by God on the Mount: “Thou shalt not steal.”
National Review Online: Unholy Land Grab
ThisHouseisMYHome.com - Protecting your home and property from government abuse
(Thanks to researcher Tammy Seydel for her help with this Position Paper.)
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