Johnson City has a legal right to condemn and possess the downtown U-Haul property and to incorporate it into one of eight planned phases in the city’s long-range flood mitigation plan, according to an opinion and judgement issued Thursday by Washington County Circuit Court Judge Thomas Seeley.
The company’s basic objective since its Nashville attorney’s jumped in last year to fight the condemnation, has been to show that the city was attempting to use eminent domain to generate tax revenue instead of taking the property to help with downtown flood mitigation.
The city was tasked with showing that the condemnation and following flood remediation project is intended for “public use.” This is one of several Tennessee legal standards derived from the Fifth and Fourteenth Amendments United States Constitution.
“The court finds and holds that the City of Johnson City’s proposed acquisition by condemnation of the U-Haul (defendants’) property is for a public use,” Seeley wrote in his conclusion.
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jcresident writes:
November 30, 2012
5:45 AM
The city always wins these types of cases, and its such a shame.
truthful writes:
November 30, 2012
7:21 AM
the cities and judges work together to get what the city wants
lococritic writes:
November 30, 2012
8:15 AM
the city’s long-range flood mitigation plan ? Which one? The one started in the 60's ? 80's ? 2000 ? Last year? ... just sayin'
oldgal47 writes:
November 30, 2012
10:01 AM
I hope U-Haul goes to Bristol or Kingsport - even Elizabethton. Anywhere but to another location in JC. They have been treated VERY UNFAIRLY. JC needs to lose the tax base this company has been providing.
zarj17 writes:
November 30, 2012
11:49 AM
You guys are nuts. This kind of thing happens every day, all the time in every city all over the world. Cities have to build in order to grow; individual properties are sacrificed for the city. Believe it or not, Johnson City IS a city, and we can't all live on a five-acre pasture like those of you who keep pushing farther and farther into Boones Creek and Gray. And yes, the *Constitution* and massive amounts of common law precedent give cities this power to regulate land use for the common good of all people. It was an accepted notion when our nation was FOUNDED. This isn't some kind of crazy conspiracy brought forth by Johnson City. (Now - whether certain people will profit in JC's good old buddy system = probably... but that's a different argument.)
zarj17 writes:
November 30, 2012
11:52 AM
You guys are nuts. This kind of thing happens every day, all the time in every city all over the world. Cities have to build in order to grow; individual properties are sacrificed for the city. Believe it or not, Johnson City IS a city, and we can't all live on a five-acre pasture like those of you who keep pushing farther and farther into Boones Creek and Gray. And yes, the *Constitution* and massive amounts of common law precedent give cities this power to regulate land use for the common good of all people. It was an accepted notion when our nation was FOUNDED. This isn't some kind of crazy conspiracy brought forth by Johnson City. (Now - whether certain people will profit in JC's good old buddy system = probably... but that's a different argument.)
masonjar writes:
November 30, 2012
12:37 PM
I find it interesting how our government system works. Follow me just a minute. The states within our country make their own laws and really don't care much about federal law. Yet the counties inside the state can't make their own laws because they have to do what the state allows them to. Not done...the towns and cities are within the counties yet the counties have no control over the towns and cities. People moved and settled here to have freedom of religion and freedom to live and do as they pleased. Somewhere along the years, towns/cities have decided that they as a group can take people's property and homes for what they call the good of the community. We as a country have allowed our law makers to make so many rediculous laws that we now have no promise of tomorrow. The American dream is gone. Gone is the time where a man could buy land and build his home or business and know that it will always be there for generations, because sooner or later it will be demolshed for someone else's benifit. Why do cities need to grow? Really, why? The bigger they get, the more violence and crimes there are. People are just cooped up like chickens. Kids born and raised on country farms get to actually live life, to hunt, fish, enjoy fresh air. My point is that they get to enjoy life as there is much to do, not hang out in gangs or play video games all day. I noticed in the presidential election, all major cities voted Democratic and the whole rest of the states voted Republican. Our country is divided. It is because certian elected officials and law makers think they can control everything. This U-haul situation stinks. It is wrong! Wake up America, we need to get back to our roots and learn to live and enjoy life again, not steal someone else's dreams (business or home or farm land).
bluemoon41 writes:
November 30, 2012
2:43 PM
I moved here some 20 years ago and lost my beautiful Victorian era home to a new South Side elementary school building. At that time land was so inexpensive here...it could have been built almost anywhere else. There was an entire block torn down to make room for the new school, and many families lost their homes for no reason.
This city is corrupt and there is no stopping "the powers that be"...the need for greed may be okay for the moment...but it is not good down the road. (I believe the taxpayers are still paying for that school.) It was a lose, lose all around...except for a handful of city commissioners.
selfeducated writes:
November 30, 2012
5:44 PM
Well guys, what are we going to do about it? Who wants to run for local office? Lets get rid of the property tax, cut back on some spending, get things done! Change starts at home, forget Washington D.C..... Lets DO something!
Remove Money from Politics writes:
November 30, 2012
7:09 PM
When you get rid of the property tax and the city infrastructure falls apart, I sure hope I'm not living here anymore. Do some self educating on what the property tax is used for.
disappointedinmedia writes:
December 1, 2012
10:47 AM
I'm amazed about how much information can be left out of a "news" article which then basically turns the news into the reporter's biased editorial. Reporters use half quotes and pick and choose what information they want to use to persuade opinions and not just inform.
provided.