I wrote the above after some detail of misinformation was finally put forward (thankyou ericsundstrom):
The intimation that the village was definitely going to ED Tim Tomecek's home when in fact, BUYING his home was only one of three possibilities for a POSSIBLE parking garage.I think the parking garage is a non issue now if I heard correctly.
Any intimation of an association with this tif and eminent domain is well grounded. Here are some reasons...
As owner of one of the properties listed in the public newspaper to be (bought, acquired, displaced and demolished) by the Village, I have asked and have demanded offline, through a letter in November 2006, through a petition signed by a bunch of other neighbors, and during village board meetings, to be removed from the tif district, or at least to be removed from the eminent domain list called the Housing impact study.
Each time we were ignored or rebuffed. Good reason, therefore, to fear, and to charge, that this tif would enable eminent domain.
There were also numerous requests during public meetings to write no Eminent Domain on tif properties with tif funds. Each time they said No, that they themselves would not do it, but, they did not want to tie future board's hands. A new board takes place in a couple more weeks. Good reason to fear, and to charge, that this tif would enable eminent domain.
We also heard in the last workshop that the tif consultant, Mr McKenna, advised the Board not to proscribe eminent domain in the tif - takes away the flexibility of the tool. Another good reason to fear, and to charge, that this tif would enable eminent domain.
If something is not explicitly excluded, and it is possible to be performed, then it is something to fear or to imagine its occurrence. That is what written contracts and laws and our whole society is founded on.
If ED it is not explicitly proscribed within the tif, then it is a reasonable thing to fear.
The tif document plainly declares that the redevelopment of the properties contained in the tif district is a public good. That paragrapgh (pg 3 in the tif document) is esssential to provide the legal basis to do eminent domain, or similarly, to USE eminent domain, or the threat of eminent domain, to coercively acquire properties. The satisfaction of a public good is required. The Village does not have an absolute right to exercise eminent domain. This TIF provides the legal cover for its use. Another good reason to fear, and to charge, that this tif would enable eminent domain.
Most recently, on 4-14, they deliberated and affirmed that our property should be in the TIF district and did not even respond to our minimal request to be removed from the impact ED section. There was no input allowed in that meeting. Another good reason to fear, and to charge, that this tif would enable eminent domain.
I have reiterated that 11/2006 request again after the 4-14 meeting and have not recvd an answer. During the 4-14 meeting, they DID address Eminent domain in the TIF and they said EXPLICITLY that they would not proscribe it in the TIF. They considered making a resoultion prohibiting it, but a trustee, quite correctly, countered that this would be toothless and it could be rolled back. Another good reason to fear, and to charge, that this tif would enable eminent domain.
A week later, I read from the landmark reporter (I was there, but apparently missed it), that there was a spec to not use tif funds for a free standing parking garage w/ tif funds. However, a week previously one of the reasons given to retain our property in the tif was that they want to keep that property available in case the VC needs parking. Coupled with the property being on the eminent domain list, one can reasonable cry foul. And they will keep hearing it.
HEre is a preview of the formal request again:
However, to our home, and to our family living there, this TIF plan DOES cause financial harm and significant personal distress. Therefore, we respectfully request the following changes be made immediately to your proposed TIF plan:
1) Please remove our property, 56 Pine, from the Housing Impact Section of the proposed TIF document;
2) Please add a certification, or swearing, that such coercive property acquisition methods as Eminent Domain or Quick Take would not be used on properties in the TIF District with TIF funds. At a minimum, there should be such proscription on residential properties.
Posted Thursday May 3, 2007 17:17
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