Man, the Supreme Court really needs to hear some of these eminent domain cases soon. Seriously. It is amazing how warped our eminent domain activities have become. The ad is completely right: eminent domain is not supposed to be for public use not to facilitate a different private entity acquiring property below market value (which is what happens when market value plummets when an eminent domain acquisition threat is made).
TIF's will be the downfall of current elected officials - people are finally understanding the corruption because it is hitting them in their pocket books - king richie and his 50 dwarfs (maybe) at last are being exposed for the corrupt and unethical people they truly are - Please plan on attending this meeting and expressing your outrage
Not really, Anonymous. I'm asking for folks to pay attention to what's going down in the surrounding neighborhoods and maybe we can use what they learn in our own community. Hugh contributes information that most people would never take the time to dig up and presents it in a manner that is relatively easy to understand. We welcome Hugh's "rants."
Yes, Hugh's rants do help inform the general masses. The only downside is he then draws unjustifiable conclusions from the information and presents them as truth. Hugh's rants are a mixed blessing, but they're still welcome.
The city has reserved the right to wipe out this block for a developer to be named later
September 14, 2007 By Ben Joravsky, The Works, Chicago Reader
In 1994, Imre Hidvegi and Edgar Alvarez opened Chicago Soccer, a soccer supply store, in a vacant storefront on the 4800 block of North Western. “It was just the two of us, and we did maybe $50,000 in business” to start, says Hidvegi.
There were few surprises for business and property owners at the city's Committee on Housing and Real Estate meeting last week where plans for the city to claim a stretch of Western Avenue under eminent domain moved forward.
Members of the committee approved an ordinance on Nov. 8 authorizing an acquisition of properties along the east side of Western Avenue between Lincoln Avenue and Ainslie Street, and at 4814 and 4820 N. Claremont in the Western Avenue North TIF District.
The City Council was expected to approve the proposal at its Nov. 13 meeting.
"I wasn't surprised. I knew this was going to happen, but we had to be present and go through the process," said Imre Hidvegi, co-owner of Chicago Soccer at 4839 N. Western Ave.
On November 9 the City Council's housing committee approved a plan to seize all of the property on the east side of the 4800 block of North Western, tear it down, and turn it over to a developer to build condominiums and a few retail stores.
If the plan is approved by the full council on December 12, more than 30 merchants -- including successful sporting goods store Chicago Soccer, a Walgreens, a dentist's office, and a furniture business -- will be tossed out of business. As TIF-funded eminent domain deals go, it's a whopper, even by Chicago standards.
Save Lincoln Square is a broad, community-based coalition of small business owners and activists who oppose the use or threat of eminent domain for private development in Lincoln Square. The city is seeking to pass a resolution to acquire our 16 businesses, which are located in the Western Avenue North TIF District, and will condemn our property through eminent domain if we do not want to sell.
Eminent domain is supposed to be for public uses, like roads and schools - not to give our successful businesses to wealthy developers for new businesses and condominiums. We do not want to sell and we will not sell. We demand that the City Council rescind the resolution authorizing the forcible acquisition of our businesses and allow the current owners to lead redevelopment efforts, through private negotiation, on our block.
i was just wondering if there was any effort by Schulter to move the businesses nearby?
In Wilson Yards, in Uptown, the businesses there moved across the street and got established (with signs noting the move at the old place of business) before demolition occured. Did those businesses get a chance to for that? i don't think there's much they can move to around there, but just wondering if that had been proposed.
Also, are they going to keep the public sculpture that's there? If so, it seems ridiculous that they would destroy viable businesses, but leave RECENT public construction up (it would be similarly crazy to demolish it as well).
There is a long tradition of manipulating eminent domain. Look at what recently happened at Addision and Halsted. The city wanted to expand the 23rd District police station and attempted to buy the adjoining Midas shop, which refused to sell.
The city then sold for $1 the city- owned Streets and San building covering the remainder of that block (3 parcels). That historic bulding was sold to private develper for the GLBT (Gay Lesbian BiSexual Transgendered) Center on Halsted. That development is privately owned and now houses, among other businesses, the Whole Foods Grocery. Alderman Tunney "donated" to this private development his entire annual allotment of Aldermanic menu funds ($700,000) (i.e. our tax payer dollars).
Now the public building commission is using eminent domain laws to condemn the Midas shop and the large apartment complex on the West Side of the police station. The justification: the city has no property on which to expand the police station. (Because they fricken gave it away!!!!)
So, in summary, the city sold the taxpayer's property for $1. The Alderman gave away another $700,000.. And now, taxpayers must pay market value for a Midas muffler shop and a three story, multi-unit apartment building to get that same amount of land back. And, the police station could have been relocated within that same district to Wilson Yards, which is other city-owned land that was virtually given away.
It gives new meaning to the phrase: Sell low, Buy high.
I thought that there was a Federal Court ruling within the past 18 months that made powers of eminent domain virtually unlimited. And, I thought, that in response to that ruling, the State of Illinois passed new legislation to once again place limits on those powers (now in the form of legislated limits on municipalities).
I don't understand how Chicago can be marching along doing all these condemnations on the North Side without challenge.
I don't understand how Chicago can proceed under this new law.
"Provides that, in a condemnation proceeding in which the property has been designated by the condemning authority by ordinance as blighted, the condemning authority must demonstrate and prove by a preponderance of the evidence that the property is blighted property. Provides that the existence of an ordinance designating property as blighted is not prima facie evidence of blight. Provides that an ordinance designating property as "blighted property" shall not be presumed to be valid for purposes of the condemnation proceeding."
Here's an analysis courtesy of Neal & Leroy, LLC, the Official Eminent Domain Attorney to two generations of Daleys (R), the folks who brought you UIC, and the law firm of Chicago Board of Elections Commission Chairman and eminent domain attorney Langdon D. Neal:
"A condemning authority may not take or damage property by the exercise of the power of eminent domain unless it is for a public use ... This new Act does not apply for the acquisition of property for TIF districts established before April 15, 2006 ... "
Almost all of Chicago's 160-some TIFs were established before 4/15/06, including the
(d) If the exercise of eminent domain authority is to acquire property for private ownership or control and if the primary basis for the acquisition is the elimination of blight and the condemning authority elects to proceed under this subsection, then the condemning authority must: ...
Oh, it's that "blight" thing again. A well paid consultant will say anything they are paid to say.
For example, the Wilson Yards project was legally justified by a a blight factor of aging, disfunfunctional sewers. Under the TIF law, the TIF is supposed to address that blight. When I FOIA'd to get the condition of our sewers, I found out that all city tests of the Wilson TIF sewers showed that there were no sewer problems needing replacement or repair. When I asked why the city sewer tests disagreed with the city's TIF finding of blighted sewers, I was told that it was "just blighted for TIF justification purposes."
You people get what you deserve when you vote for you Alderman and your Mayor so I can't fell sorry for anyone.
As someone who hasn't voted for Shiller or Daley for many moons, I don't feel I'm getting anything I deserve.
Most people here aren't looking for pity from you or anyone else. We're just trying to find a way to improve the community and getting around the bottlenecks Shiller and Daley create.
Save Lincoln Square...This is NOT for affordable housing. And if you check the plan for Lincoln Square...the taking of 36 thriving businesses is just the beginning of a 4 phase plane to turn Lincoln Square into an up scaled condo 6 story monstrosity over 11 blocks. Last night over 300 residents of the ward CAME TO PROTEST THIS CRAZINESS.A representative from the Castle Coalition in Washington addressed the people about the abuses going on in our amazing community along with Sam Adams Alliance. Many many, many residents are against this. It was extremely successful... and then about 70 of these brave folks hiked from the Soccer Store to Alderman Schulters office. It was amazing. Well over a mile walk in the freezing cold. They stood in front of the office chanting for over 45 minutes... END EMINENT DOMAIN... SAVE LINCOLN SQUARE..WE VOTE TOO.... This is just the beginning of our fight to save our community. We would all appreciate it if you came to our rallies and get to understand what they are doing to peoples businesses and homes and lives. There is not such thing as fair compensation. The Dental Corner, Chicago Soccer and many other thriving businesses are NOT in blighted buildings. This is all about -developers-alderman and BIG BUCKS... All for them. The Dental Corner has been serving the community for over 25 years. 85% OF THEIR PATIENTS ARE IN WALKING DISTANCE. They were told. "Oh Well... Thanks for the times you stayed when the neighborhood was not doing so well... but now that you might enjoy the benefits of your belief in the community... YOU CAN GO NOW.." The gentleman who purchased the burnt 6 flat next to Walgreen’s bought the building for 1.1 million dollars. Two months later he was told that he could not get any building permits because the building is going to be owned by Schulter and his cronies. AND HE HAS TO PAY MONTHLY PAYMENTS FOR THIS BUILDING. Is this really America? WHAT IS GOING ON? PLEASE JOIN US AT "SAVE LINCOLN SQUARE.COM" Thank you so much for listening. Happy Holidays
Save Lincoln Square..This is NOT for affordable housing. And if you check the plan for Lincoln Square...the taking of 36 thriving businesses is just the beginning of a 4 phase plane to turn Lincoln Square into an up scaled condo 6 story monstrosity over 11 blocks. Last night over 300 residents of the ward CAME TO PROTEST THIS CRAZINESS.A representative from the Castle Coalition in Washington addressed the people about the abuses going on in our amazing community along with Sam Adams Alliance. Many many, many residents are against this. It was extremely successful... and then about 70 of these brave folks hiked from the Soccer Store to Alderman Schulters office. It was amazing. Well over a mile walk in the freezing cold. They stood in front of the office chanting for over 45 minutes... END EMINENT DOMAIN... SAVE LINCOLN SQUARE..WE VOTE TOO.... This is just the beginning of our fight to save our community. We would all appreciate it if you came to our rallies and get to understand what they are doing to peoples businesses and homes and lives. There is not such thing as fair compensation. The Dental Corner, Chicago Soccer and many other thriving businesses are NOT in blighted buildings. This is all about -developers-alderman and BIG BUCKS... All for them. The Dental Corner has been serving the community for over 25 years. 85% OF THEIR PATIENTS ARE IN WALKING DISTANCE. They were told. "Oh Well... Thanks for the times you stayed when the neighborhood was not doing so well... but now that you might enjoy the benefits of your belief in the community... YOU CAN GO NOW.." The gentleman who purchased the burnt 6 flat next to Walgreen’s bought the building for 1.1 million dollars. Two months later he was told that he could not get any building permits because the building is going to be owned by Schulter and his cronies. AND HE HAS TO PAY MONTHLY PAYMENTS FOR THIS BUILDING. Is this really America? WHAT IS GOING ON? PLEASE JOIN US AT "SAVE LINCOLN SQUARE.COM" Thank you so much for listening. Happy Holidays
Should Uptown residents be "TIFed off" as well? We think so.
Man, the Supreme Court really needs to hear some of these eminent domain cases soon. Seriously. It is amazing how warped our eminent domain activities have become. The ad is completely right: eminent domain is not supposed to be for public use not to facilitate a different private entity acquiring property below market value (which is what happens when market value plummets when an eminent domain acquisition threat is made).
ReplyDeleteTIF's will be the downfall of current elected officials - people are finally understanding the corruption because it is hitting them in their pocket books - king richie and his 50 dwarfs (maybe) at last are being exposed for the corrupt and unethical people they truly are - Please plan on attending this meeting and expressing your outrage
ReplyDeleteI think this stuff would make a company think twice about putting a retail store in Chicago unless you are a big retailer like Walmart or something.
ReplyDeleteUptown Updater, you're just asking for a six-page Hugh rant, aren't you?
ReplyDeleteNot really, Anonymous.
ReplyDeleteI'm asking for folks to pay attention to what's going down in the surrounding neighborhoods and maybe we can use what they learn in our own community. Hugh contributes information that most people would never take the time to dig up and presents it in a manner that is relatively easy to understand.
We welcome Hugh's "rants."
Yes, Hugh's rants do help inform the general masses. The only downside is he then draws unjustifiable conclusions from the information and presents them as truth. Hugh's rants are a mixed blessing, but they're still welcome.
ReplyDeleteHi Neighbors!
ReplyDeleteSome enrichment links to read before attending next week's meeting.
Fair Warning
ReplyDeleteThe city has reserved the right to wipe out this block for a developer to be named later
September 14, 2007
By Ben Joravsky, The Works, Chicago Reader
In 1994, Imre Hidvegi and Edgar Alvarez opened Chicago Soccer, a soccer supply store, in a vacant storefront on the 4800 block of North Western. “It was just the two of us, and we did maybe $50,000 in business” to start, says Hidvegi.
More...
Eminent domain moves forward
ReplyDeleteNovember 14, 2007
LORRAINE SWANSON, Pioneer Press News Star
There were few surprises for business and property owners at the city's Committee on Housing and Real Estate meeting last week where plans for the city to claim a stretch of Western Avenue under eminent domain moved forward.
Members of the committee approved an ordinance on Nov. 8 authorizing an acquisition of properties along the east side of Western Avenue between Lincoln Avenue and Ainslie Street, and at 4814 and 4820 N. Claremont in the Western Avenue North TIF District.
The City Council was expected to approve the proposal at its Nov. 13 meeting.
"I wasn't surprised. I knew this was going to happen, but we had to be present and go through the process," said Imre Hidvegi, co-owner of Chicago Soccer at 4839 N. Western Ave.
More...
The "blighted" fight back
ReplyDeleteby Ben Joravsky, November 27th 2007
On November 9 the City Council's housing committee approved a plan to seize all of the property on the east side of the 4800 block of North Western, tear it down, and turn it over to a developer to build condominiums and a few retail stores.
If the plan is approved by the full council on December 12, more than 30 merchants -- including successful sporting goods store Chicago Soccer, a Walgreens, a dentist's office, and a furniture business -- will be tossed out of business. As TIF-funded eminent domain deals go, it's a whopper, even by Chicago standards.
More...
Save Lincoln Square
ReplyDeleteSave Lincoln Square is a broad, community-based coalition of small business owners and activists who oppose the use or threat of eminent domain for private development in Lincoln Square. The city is seeking to pass a resolution to acquire our 16 businesses, which are located in the Western Avenue North TIF District, and will condemn our property through eminent domain if we do not want to sell.
Eminent domain is supposed to be for public uses, like roads and schools - not to give our successful businesses to wealthy developers for new businesses and condominiums. We do not want to sell and we will not sell. We demand that the City Council rescind the resolution authorizing the forcible acquisition of our businesses and allow the current owners to lead redevelopment efforts, through private negotiation, on our block.
More...
i was just wondering if there was any effort by Schulter to move the businesses nearby?
ReplyDeleteIn Wilson Yards, in Uptown, the businesses there moved across the street and got established (with signs noting the move at the old place of business) before demolition occured. Did those businesses get a chance to for that? i don't think there's much they can move to around there, but just wondering if that had been proposed.
Also, are they going to keep the public sculpture that's there? If so, it seems ridiculous that they would destroy viable businesses, but leave RECENT public construction up (it would be similarly crazy to demolish it as well).
There is a long tradition of manipulating eminent domain. Look at what recently happened at Addision and Halsted. The city wanted to expand the 23rd District police station and attempted to buy the adjoining Midas shop, which refused to sell.
ReplyDeleteThe city then sold for $1 the city- owned Streets and San building covering the remainder of that block (3 parcels). That historic bulding was sold to private develper for the GLBT (Gay Lesbian BiSexual Transgendered) Center on Halsted. That development is privately owned and now houses, among other businesses, the Whole Foods Grocery. Alderman Tunney "donated" to this private development his entire annual allotment of Aldermanic menu funds ($700,000) (i.e. our tax payer dollars).
Now the public building commission is using eminent domain laws to condemn the Midas shop and the large apartment complex on the West Side of the police station. The justification: the city has no property on which to expand the police station. (Because they fricken gave it away!!!!)
So, in summary, the city sold the taxpayer's property for $1. The Alderman gave away another $700,000.. And now, taxpayers must pay market value for a Midas muffler shop and a three story, multi-unit apartment building to get that same amount of land back. And, the police station could have been relocated within that same district to Wilson Yards, which is other city-owned land that was virtually given away.
It gives new meaning to the phrase:
Sell low, Buy high.
I thought that there was a Federal Court ruling within the past 18 months that made powers of eminent domain virtually unlimited. And, I thought, that in response to that ruling, the State of Illinois passed new legislation to once again place limits on those powers (now in the form of legislated limits on municipalities).
ReplyDeleteI don't understand how Chicago can be marching along doing all these condemnations on the North Side without challenge.
I don't understand how Chicago can proceed under this new law.
Here's the "new" eminent domain law:
ReplyDeletePublic Act 094-1055
Effective Date: 1/1/2007
SB3086
From the synopsis:
"Provides that, in a condemnation proceeding in which the property has been designated by the condemning authority by ordinance as blighted, the condemning authority must demonstrate and prove by a preponderance of the evidence that the property is blighted property. Provides that the existence of an ordinance designating property as blighted is not prima facie evidence of blight. Provides that an ordinance designating property as "blighted property" shall not be presumed to be valid for purposes of the condemnation proceeding."
Here's an analysis courtesy of Neal & Leroy, LLC, the Official Eminent Domain Attorney to two generations of Daleys (R), the folks who brought you UIC, and the law firm of Chicago Board of Elections Commission Chairman and eminent domain attorney Langdon D. Neal:
ReplyDeleteThe New Eminent Domain Act
Includes:
New Burdens of Proof Under the Eminent Domain Act
Excerpt:
"A condemning authority may not take or damage property by the exercise of the power of eminent domain unless it is for a public use ... This new Act does not apply for the acquisition of property for TIF districts established before April 15, 2006 ... "
Almost all of Chicago's 160-some TIFs were established before 4/15/06, including the
Western Avenue North TIF
est. 1/12/2000
See
ReplyDelete735 ILCS 30/5‑5‑5 Exercise of the power of eminent domain; public use; blight.
(d) If the exercise of eminent domain authority is to acquire property for private ownership or control and if the primary basis for the acquisition is the elimination of blight and the condemning authority elects to proceed under this subsection, then the condemning authority must: ...
Oh, it's that "blight" thing again. A well paid consultant will say anything they are paid to say.
ReplyDeleteFor example, the Wilson Yards project was legally justified by a a blight factor of aging, disfunfunctional sewers. Under the TIF law, the TIF is supposed to address that blight. When I FOIA'd to get the condition of our sewers, I found out that all city tests of the Wilson TIF sewers showed that there were no sewer problems needing replacement or repair. When I asked why the city sewer tests disagreed with the city's TIF finding of blighted sewers, I was told that it was "just blighted for TIF justification purposes."
You people get what you deserve when you vote for you Alderman and your Mayor so I can't fell sorry for anyone.
ReplyDeleteAnd with Chicago wanted the Olympics they are going to be doing this all over town and the Mayor's mob buddies are going to get a lot richer.
You people get what you deserve when you vote for you Alderman and your Mayor so I can't fell sorry for anyone.
ReplyDeleteAs someone who hasn't voted for Shiller or Daley for many moons, I don't feel I'm getting anything I deserve.
Most people here aren't looking for pity from you or anyone else. We're just trying to find a way to improve the community and getting around the bottlenecks Shiller and Daley create.
Organize and finance a group to do those things then.
ReplyDeleteTalk is cheap you need money and and organization to fight the machine.
Save Lincoln Square...This is NOT for affordable housing. And if you check the plan for Lincoln Square...the taking of 36 thriving businesses is just the beginning of a 4 phase plane to turn Lincoln Square into an up scaled condo 6 story monstrosity over 11 blocks. Last night over 300 residents of the ward CAME TO PROTEST THIS CRAZINESS.A representative from the Castle Coalition in Washington addressed the people about the abuses going on in our amazing community along with Sam Adams Alliance. Many many, many residents are against this. It was extremely successful... and then about 70 of these brave folks hiked from the Soccer Store to Alderman Schulters office. It was amazing. Well over a mile walk in the freezing cold. They stood in front of the office chanting for over 45 minutes... END EMINENT DOMAIN... SAVE LINCOLN SQUARE..WE VOTE TOO.... This is just the beginning of our fight to save our community. We would all appreciate it if you came to our rallies and get to understand what they are doing to peoples businesses and homes and lives. There is not such thing as fair compensation. The Dental Corner, Chicago Soccer and many other thriving businesses are NOT in blighted buildings. This is all about -developers-alderman and BIG BUCKS... All for them. The Dental Corner has been serving the community for over 25 years. 85% OF THEIR PATIENTS ARE IN WALKING DISTANCE. They were told. "Oh Well... Thanks for the times you stayed when the neighborhood was not doing so well... but now that you might enjoy the benefits of your belief in the community... YOU CAN GO NOW.." The gentleman who purchased the burnt 6 flat next to Walgreen’s bought the building for 1.1 million dollars. Two months later he was told that he could not get any building permits because the building is going to be owned by Schulter and his cronies. AND HE HAS TO PAY MONTHLY PAYMENTS FOR THIS BUILDING. Is this really America? WHAT IS GOING ON? PLEASE JOIN US AT "SAVE LINCOLN SQUARE.COM" Thank you so much for listening. Happy Holidays
ReplyDeleteSave Lincoln Square..This is NOT for affordable housing. And if you check the plan for Lincoln Square...the taking of 36 thriving businesses is just the beginning of a 4 phase plane to turn Lincoln Square into an up scaled condo 6 story monstrosity over 11 blocks. Last night over 300 residents of the ward CAME TO PROTEST THIS CRAZINESS.A representative from the Castle Coalition in Washington addressed the people about the abuses going on in our amazing community along with Sam Adams Alliance. Many many, many residents are against this. It was extremely successful... and then about 70 of these brave folks hiked from the Soccer Store to Alderman Schulters office. It was amazing. Well over a mile walk in the freezing cold. They stood in front of the office chanting for over 45 minutes... END EMINENT DOMAIN... SAVE LINCOLN SQUARE..WE VOTE TOO.... This is just the beginning of our fight to save our community. We would all appreciate it if you came to our rallies and get to understand what they are doing to peoples businesses and homes and lives. There is not such thing as fair compensation. The Dental Corner, Chicago Soccer and many other thriving businesses are NOT in blighted buildings. This is all about -developers-alderman and BIG BUCKS... All for them. The Dental Corner has been serving the community for over 25 years. 85% OF THEIR PATIENTS ARE IN WALKING DISTANCE. They were told. "Oh Well... Thanks for the times you stayed when the neighborhood was not doing so well... but now that you might enjoy the benefits of your belief in the community... YOU CAN GO NOW.." The gentleman who purchased the burnt 6 flat next to Walgreen’s bought the building for 1.1 million dollars. Two months later he was told that he could not get any building permits because the building is going to be owned by Schulter and his cronies. AND HE HAS TO PAY MONTHLY PAYMENTS FOR THIS BUILDING. Is this really America? WHAT IS GOING ON? PLEASE JOIN US AT "SAVE LINCOLN SQUARE.COM" Thank you so much for listening. Happy Holidays
ReplyDelete