An Ol’ Broad’s Ramblings

Miss Joy’s Ongoing Battle

10 September 2008, 11:27 am. Comments Off. Filed under Crime, Feckless Weasels, Tennessee.

Gotto seeks to give Council control of eminent domain power claims

In response to the Metro Development and Housing Agency’s ongoing tussle over Joy Ford’s Music Row property, Councilman Jim Gotto has filed a resolution that would give Metro Council ultimate authority over eminent domain claims.

Seriously, I would like to know just when a case of eminent domain got tossed to a flippin’ bureaucracy?

Under Gotto’s resolution, Davidson County voters would get to decide whether eminent domain power would stay with MDHA or shift to Metro Council. The resolution calls for a voter referendum on the Aug. 5, 2010 ballot, which if passed would amend the Metro charter to shift eminent domain power to Council.

Eminent domain is a 5th Amendment issue, which in my book, does NOT give some third rate bureaucracy any power whatsoever. In Miss Joy’s case, just as with the Kelo V New London case, the ‘city’ is trying to take private property, NOT for public use, but to hand it over to another private enterprise. The Supreme Court made the WRONG choice!

“We have a situation right now with MDHA and the Gulch Redevelopment District where they’re trying to take her property away and give it to another private developer,” Gotto said. “And that is just not appropriate for government to do that. It truly is a slippery slope. I’m not willing to sit back and watch that happen.

“So this legislation will give the power to the people to decide if they want their elected officials to have power over eminent domain claims instead of a bureaucratic agency.”

I’m real happy to know that at least ONE person on the council is standing up for private citizens. Should this resolution pass, it will be not only a victory for Nashville, but the first ’shot fired’ in a battle against abuse of the citizenry.

Although Gotto’s measure would not be in place in time to affect Ford’s situation with MDHA, it would provide oversight to avoid a similar incident arising in the future, he said.

“I’m pleased MDHA is trying to reach an agreement, but at the end of the day if she doesn’t want to sell it, if she wants to keep her property intact as it is now, then they need to walk away,” Gotto said.

She has said, repeatedly, she does NOT want to sell her property. What part of NO are they having such a problem?

Gotto added that he was willing to file legislation that would rescind the redevelopment district and effectively take away MDHA’s eminent domain claim powers over Ford’s property.

It’s rather refreshing to see a city councilman willing to take on the big fish. I like that! :)

MDHA did not respond to The City Paper requests for comment.

Not surprising. They already look like the total jackasses they are. Why would they want to comment, and make it even MORE apparent?

Some history of the case here, here, here, and here.  Also, a letter to the editor from a weasel.

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