EMINENT DOMAIN - The Human Cost

DYER UPDATE

A few days ago I received another email from Bruce Skakle, a relative to the Dyer family. He enclosed a link to a news article in the Sun Journal about a workbook written by Dick Dyer called, "The Taking."

It tells the story of the 5-year process in which the Maine Department of Transportation took the family's 55-year-old restaurant, The Sail Inn, when building a new bridge on Route 1 across the Penobscot River. The workbook is designed to explain how the eminent domain process works and the options available to the landowner.

The workbook is available at www.dyerpr.com/publications, at www.TheTaking.net, or at Amazon.com. The book retails for $24.95, plus $5 for shipping and handling.

SETTLEMENT IN THE DYER CASE

Bruce Skakle, a member of the Dyer family, sent me the notification that settlement had been reached in the Dyer case for compensation for the Sail Inn.  This little restaurant provided the livelihood for the Dyers for two generations and was razed to the ground a few years ago to make way for the new Bucksport bridge on Route 1 in Maine.  

The real estate market valued the five-acre riverfront property at $1,300,000.  The Maine DOT offered $225,000.  Another organization stepped in and said that wasn't a realistic amount and upped the ante to $450,000.  The Dyers fought on.  It was particularly heartbreaking that once the bridge was built, it was found that the approaches to it did not encompass the five acres where the restaurant had stood.

After several years of wearying court battles, a settlement was reached.  It was for $725,000 -- a little over half of what the property had been worth.

Bruce set me clear on some important points.  It was thought by some that the Dyers had already accepted money from the earlier offers.  He informed me if that had been the case, the question would have died there.  They received no money until this settlement.  Of course, the lawyers had to be paid out of this sum -- a sizeable percentage of the award amount.

The State of Maine DOT is trying to silence details of this settlement -- presumably so that others involved in future eminent domain cases will not be able to use the information to further their causes.

A small sum for two lifetimes of work.

And by the way, the MDOT states now that they are not planning any projects that would involve Vera Dyer's house.  At this time.

Jean, Somewhere in Maine 

VERA DYER

The voice that answered the phone was soft, gentle.  When I identified myself, her smile was in her voice.  We set a date to meet at her home.

Vera was watching for me when I arrived and invited me into her living room -- a small, cozy room.  Through the adjacent dining room and the sunporch beyond, I could see the tip of what must be a breathtaking view.

We began with small talk about me and about my book Stolen Fields.  Her bookmark identified where she was in her reading.  Vera admitted to being an avid reader, usually having three or four books going at once, but she reads some from mine every day.  She could identify with my family's experience.

BIPARTISAN

I was recently at the Big E in Massachusetts selling my book.  A gentleman approached my table and went off into a spiel about the Democrats in Torrington Connecticut ruining the way of life there and taking properties by eminent domain.  He went on in a volatile manner for about ten minutes and I tried to interject that I thought this should be a bipartisan issue as anyone can be a victim.  He was not hearing me.

Anyone who reads my book Stolen Fields knows that my parents were democrats and that I have pretty much followed suit.  The misuse of eminent domain to benefit private entities is wrong no matter how you slice it.  There it is.

Jean, the Eminent Domain Lady

BUCKSPORT, MAINE - THE DYER FAMILY REVISITED

They're at it again.  Heard in a conversation in Bangor yesterday. Not content with wresting the Dyer family's livelihood away from them -- paying the usual pittance in return -- the government (the DOT?) is now eyeing their family home, residence of the older generation of Dyers.

It's already been determined that the site of the former restaurant (in the family for 50 years) was not needed after all for the approaches to the Bucksport Bridge.  What now do they want with the home?

The Dyers were not happy with what they were paid for the site of the business, and who can blame them.  It was far below market value.  They have been trying to fight for more.  Is this the government's way of shutting them up?  Silencing them?  (If you don't shut up we'll take everything else as well.)  It's just a thought. Where will it end?

Jean, the Eminent Domain Lady

THANK GOODNESS

It was gratifying to read about Hillary Clinton's speech last night calling for unity in no uncertain terms.  I was certain she would do just that as she has always conducted herself with honor.  She would have made an excellent President, but recognizing that it was not to be, I believe she can be trusted to put her vast energies and knowledge behind Obama.  "No way, no how, no McCain," was her rallying cry.  Thank you Hillary Clinton.

Another important event at last night's session of the convention was Warner of Pennsylvania who seems to have introduced a theme to make the republicans cringe.  This election is about the future versus the past.  It would seem that a refreshing new breeze is blowing through this country, hopefully blowing away the image of our politicians gathered in cigar smoke-filled back rooms, promoting the good old boys club.

Jean, Somewhere in Maine

OPINION ABOUT THE DEMOCRATIC CONVENTION

Today is the second day of the Democratic convention in Denver and what I read in the news stories about things that have been going on among some of Hillary Clinton's supporters is unconscionable.

I liked Hillary Clinton when the race first began and didn't know Barack Obama.  I am not any great political observer but it seems to me that, after a close and well-run race, the democratic public has made its choice and that choice is Obama.  What does all this sniping on the part of some of Clinton's die-hard supporters serve except to divide the party? 

In my opinion, these people need to keep their eye on the ball and consider the alternative if division causes Obama to lose. That would be a tragedy of the first order for this country.  As disappointed as she must feel about losing the race, I'm sure Clinton will advise her followers to suck it up and move on.  There's no future in division.

Jean - One Person's Opinion

VICTORY IN LONG BRANCH, NJ

Kudos to the New Jersey Supreme Court.  On August 7, 2008 they added another decision in favor of victims of attempted takings, recognizing that New Jersey state law and the Constitution "place real limits on the power of government to condemn property for private development."

The residents of a seaside neighborhood known as MTOTSA in Long Branch, NJ are celebrating their victory, reversing a previous decision in the lower court allowing the city of Long Branch to condemn their homes under the guise of blight in order to turn them over to developers of a luxury condominium development.

EMINENT DOMAIN IS ALIVE AND WELL - UNFORTUNATELY

My recent search for news items regarding eminent domain, takings, and condemnations has uncovered another gem.

Massachusetts State Representative Marty Walz believes that the city of Boston may be gearing up for another eminent domain takeover similar to one carried out 50 years ago throwing working class families out of their homes to build the Charles River Park apartments "to bring fresh vitality and wealth to its downtown residential base."  Ms. Walz cites the Kelo decision.

Read more:  http://www.boston.com/news/local/articles/2008/07/20/a_battle_over_property_rights

Continue to read about other incidences.

EMINENT DOMAIN - Information Source

Please check the comment on my last post -- for more information from this source go to:

http://dadebreis.blogspot.com

I found a wealth of knowledge there on the history and present status of eminent domain issues.

Jean, the Eminent Domain Lady