Monday, April 05, 2010

Auburn Atrocity

It's bad enough when government takes private properties for publicly owned projects. Just think of all the businesses that were simply removed from Downtown Utica for various arterial projects . . . probably enough to fill a shopping mall. And then there was "Urban Renewal" . . . . "Urban Removal" was more like it . . .

Both proved that Government cannot make a city . . . but it sure can undo one . . .

Now comes the new twist in the wake of Kelo v New London . . . Big Government coming to the aid of Big Developers by using Eminent Domain in their behalf . . . all for alleged public "benefits" such as increasing the tax base. Of course, you'd expect such things to happen in New York City where Big Government is a way of life. . . . but Auburn???

From the Post-Standard: In Auburn, individual rights clash with 'the greater good'

Pioneer wants Auburn to take private properties so it can build a hotel and conference center. One can just imagine something like that happening in Utica. . . . a hard pressed Upstate city desperate for some economic activity . . . and local officials desperate to leave their "mark" . . . what an easy thing to do. . .

People in Auburn sense the wrongness of this and are protesting . . . but will their government listen? And will even their neighbors listen?

Here are thoughts to ponder.

Article VIII of the State Constitution provides that:
No county, city, town, village or school district shall
give or loan any money or property to or in aid of any individual, or
private corporation or association, or private undertaking . . .
Is it OK for Government to loan its power for the same private purpose?

Downtowns take generations to develop. As nice as the Utica Radisson and surrounding "new" City Hall and Kennedy Plaza development is . . . it is nothing near the dense economic activity that they replaced. Downtown Utica, even when shabby, was still functioning when Urban Renewal and Government intervention destroyed it.

Places like Auburn and Utica were not built by the government. They were built by individuals -- entrepreneurs -- who risked their own money in ventures. How many would be willing to take similar risks in the future if their hard work and vision can be taken from them by the government teaming up with a competitor?

Fighting Kelo-like eminent domain actions may wind up creating more "public benefits" than a developer's flashy proposals.

7 comments:

swimmy said...

I'm not sure if I am remembering correctly, but I believe there is litigation pending in Erie County that challenges PILOT agreements, FILM agreements, hybrid PILOT agreements (like the new hartford new business park), and Kelo like actions.

Mango Man said...

Swimmy,

I would enjoy seeing someone taking on anyone who is willing to challenge these PILOT Agreements. Their intended purpose does not serve a common good. It only lines the pockets of those who belong to the "family and friends" plan.

swimmy said...

Mango Man,

I must have archived my old e-mails. But an attorney out of Eerie County, NY successfully had a TIF agreement overturned on constitutional grounds and it went up on appeal. The Fourth Department essentially told the Pyramid Group it had to close down operations because it invalidated a TIF agreement.

I'm not sure of the exact status of the litigation, but there are a couple challenges to TIF agreements.

Anonymous said...

What do Payments in Lieu of Tax Agreements have to do with the topic? The owning of property under and IDA does not necessarily relate to a "taking". Please explain.

Anonymous said...

The entire urban renewal process was flawed in the old days due to the government preceding the developer in planning, development process and actual construction of infrastructure. Market conditions particularly that of timing went by the wayside. The condemnation process alone in many cases took years. The use of Eminent Domain is not the same process but is odious for different reasons.

Anonymous said...

While I believe eminent domain should be exercised only as a last resort, and certainly not for the benefit of any developer, you really need to revisit the article. The company involved is not Pyramid as you indicate, it's Pioneer. Not the same owners or management.

Strikeslip said...

Thanks for catching my error, Anonymous. I've corrected my post.