Cities consider the use of surface area for wilder property seizures

Robert Prevost grew up in a mediocre house in the suburb of Dolton’s South Chicago, Illinois. Recently, a Realty company bought this old house, put it on and put it on sale. Then, a few weeks ago, Robert Prevost became Pope Leo XIV.

Now that the average house is in demand. The house is supposed to be auctioned, with a bid starting at $ 250,000. How much a premium will people pay for a pope’s children’s house? Ten percent? Twenty; No one knows why this has not happened before – we cannot do a guess based on previous sales of the “Pope’s Children’s Homes”.

And we can never know. Dolton officials are threatening to use prominent areas to force a sale so that the home can become a public historical website.

What is “just compensation”?

But while taking the home for public use, it meets the requirements of the Constitution to receive property, the price that the city ends up paying could be less than the aunt. When the government is receiving property through surface sector, the Constitution says that it has to pay “simply compensation” for the property, which the courts say it is any price that the property would bring to the open market. But understanding what this value is can be difficult and the government often hardens property owners when it can escape it. Propublica It had a series of articles several years ago, showing that the federal government paid very different prices for property depending on whether the owners could afford financial lawyers.

There the scheduled auction would be useful. After all, the best evidence of how big “Pope Premium” The home orders in the open market would be an open market auction. And this may be the reason why the city moved so fast: in May, officials of the city dark warned Today’s owner to make sure that candidates knew that their “purchase” can only be temporary, as the village intends to start the area surface process very soon. If the city can suppress bids at the auction, it leaves its choice to argue that the real value of the property is what the home was on sale before lifting the Pope: $ 199.900. He could even argue that he should be lower than that.

The Pope himself was quite busy and he has not commented especially what should happen to his old family home, but Christian britschgi writes about Reason Noted that his first included the line: “[Saint] Peter must graze the flock without ever being tempted to be an emperor. ”

The actual “fair market” price for the pope’s children’s house may be high or may be low, but Dolton should not be afraid of the truth. And he must not use public power to try to stop the efforts of today’s owners to find out exactly what their real property is worth.

Using a prominent field to get a church

Meanwhile, a city in New Jersey is considering another dishonest use of the surface, besides here, heading to a church.

On the Toms River, the Episcopal Church of Christ wants to open a small homeless shelter to his property. But the city has a different plan for the ownership of the Church: Pickleball Courts and a skate park.

Christ Episcopal hosts a series of Community programs, including an affordable non -profit housing organization. This non -profit organization has recently submitted plans to the Planning Board for the overnight stay of 17 beds in ecclesiastical property. Like many areas throughout America, increasing housing prices have helped to increase the lack of housing across New Jersey. A group He estimates that the number of homeless people in the area has doubled in recent years.

But for the Mayor of the Toms River, a new park complex along the city’s branded river is a priority. He said that the ownership of the Church is: “A great opportunity for parking, for recreation”. The wider designs for the area include taking nearby properties for the construction of a Tiki bar and jet ski rented.

The church discovered the attempt to take advantage of its property just 24 hours before the City Council considered a meter for the first time. He passed 4-3 votes to a controversial meeting where council members shouted at each other. A second approval may come this week.

That the vote to get the property came just three weeks before the Planning Council considers that the application for the shelter is too convenient. The fifth modification allows the government to receive property for public use and parks usually fit the definition. But the city does not want a park as much as it does not want a homeless shelter.

Whether this kind of bad faith, the use of the surface area is constitutional is a somewhat open question. For example, in the nearby Connecticat, the state’s Supreme Court rejected an attempt to stop an affordable development of houses with false fields. Massachusetts, Georgia and Rhodes Island like these so-called predecessors.

Last fall, the Supreme Court took almost the case of a Long Island The hardware chain that lost its property in a city for a “passive park” (the city had no plan to develop the land). Judges Thomas, Gorsuch and Alito said they would have granted the case, but four votes are needed to achieve a review of the Supreme Court.

Preliminary downloads are an incredible threat to private property. As long as the government is willing to pay the “fair market” price, almost every property can be seized. This purchase price does not include what a owner can spend in court trying to maintain his property.

Challenge even the most outrageous use of the surface area could mean to get out of the other end of the process without a home or business and poorer about it. THE Asbury Park Press Various that the poor financial situation of the bishopric of New Jersey may be in mind whether he is negotiating or resisting. For the time being, however, the Church said it would fight and support from other worship homes.

The mayor talked about the need to “balance the hardships” of a community without a park and speculates that ecclesiastical ecclesiastics could simply “lead to a different location every Sunday”. This is a gloomy view of administration that is fundamentally as opposed to the traditions of America’s ownership and religious rights.

Christ has been on the river Toms since 1865 and wants to use his property to fulfill his religious mission to take care of the poor at no exit from the city. The mayor wants to provide a convenient recreation with a cost to taxpayers.

The US Constitution has given the government the power of the surface sector, but the courts should not only run whenever the government presents a plan to undertake private property. The fifth amendment also says that no one should be deprived of their property without a fair procedure. When the government presents a dishonest use of the surface sector, judges must consider all the events and support justice.