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80 yr. old widow forced out

Discussion in 'Legal' started by Can'thavenuthingood, Mar 15, 2006.

  1. Can'thavenuthingood

    Can'thavenuthingood Well-Known Member

    There is no place you can be safe from Immient Domain. I remember as a kid seeing oldtimers in the news with guns in hand holding back bulldozers. Now that would get you SWAT'ted. Looking at the pictures, its obvious the tree has to go too. Where are the environmentalists on all this property seizure? The house was broke into and it was called a miscommunication. You pay and they get away. Your tax dollars at work.


    Widow to be forced from home
    Court sides with city on street upgrades

    The city of Cincinnati has the right to take the home of an 80-year-old Clifton resident to move Dixmyth Avenue, north of Good Samaritan Hospital, a magistrate ruled Tuesday.

    That means Emma Dimasi, the widow who's lived at Dixmyth and Clifton avenues since 1959, could be forced from her home as soon as Saturday.

    Hamilton County Common Pleas Magistrate Richard A. Bernat ruled in an eight-page decision that the city "did not commit fraud, act in bad faith, or abuse its discretion" in using eminent domain to take properties on Dixmyth Avenue.

    Dimasi's lawyer and son, Vincent A. Dimasi, said he would file an objection to the decision with Common Pleas Judge Melba B. Marsh, who can overrule Bernat's ruling.

    He said his mother has no immediate plans to pack her bags - but knows the case isn't going her way.

    "She tends to worry a lot, but I'm trying to get her used to this as much as I can," he said.

    A year ago, the city's taking of Mrs. Dimasi's house might have passed without much notice.

    But the U.S. Supreme Court's decision in a landmark eminent domain case last year - and a similar Norwood case pending in the Ohio Supreme Court - has made the government's power to take property a hot legal topic.

    Vincent Dimasi, who also owns rental property being taken by the city, argued that the Dixmyth project wasn't much different from the Norwood shopping center that led to the relocation of 70 property owners.

    The city really wants his mother's property to facilitate the $122 million expansion of Good Samaritan Hospital, Dimasi said, and that makes the taking illegal under a year-long moratorium on eminent domain for private development. Gov. Bob Taft signed the ban into law last year as a reaction to a U.S. Supreme Court decision, while state lawmakers study the issue.

    But the magistrate failed to get that far, relegating the significance of the moratorium to a footnote in his decision.

    Even though the road project will benefit Good Samaritan - which can buy any unused land back from the city for $1 - the magistrate noted that "all roadway projects involve the transfer of at least some real property between public and private entities."

    Under state law, a city can take possession of a property taken by eminent domain 60 days after serving the owner with papers. Those 60 days are up Saturday.

    The $4 million road project is under construction, and city lawyers said they're not sure whether they can give much leeway on the Saturday deadline but promised to give the Dimasis as much notice as possible.

    "We will be as sensitive to Mrs. Dimasi's needs as much as possible - as we have been already," Geri Hernandez Geiler, an assistant city solicitor, said.

    Dimasi has asked for a restraining order to block city contractors from coming onto the properties, saying the city has used "heavy-handed intimidation" to try to force him and his mother out.

    Two weeks ago, Dimasi said the city sent salvage crews who literally broke into his house - cutting through a window to reach a deadbolt lock inside - in order to remove a stained glass window.

    Three weeks before that, the city placed an 8-foot sign reading "Dixmyth Relocation Project" in Mrs. Dimasi's front yard.

    City lawyers admit both incidents happened but blamed them on a lack of communication.

    E-mail gkorte@enquirer.com
  2. DKSuddeth

    DKSuddeth Well-Known Member

    this could all be stopped if we would gather the unorganized militia again. :cuss:
  3. Standing Wolf

    Standing Wolf Member in memoriam

    Sounds like a genuine old-fashioned good Samaritan to me, all right!
  4. Kim

    Kim Well-Known Member

    This is not really an imminent domain case but what I saw was shocking. A friend who lives just outside of a town of about 22,000 lives in the home his family has owned for many years. He lives there with his elderly Dad. His mom just died last year. He has never married and is a big hunter. Apparently someone wanted to bulid about 75 little pink houses in the open space. Seems everyone sold their property but him. I drove by his place the other day and was shocked. There was his house sitting all by itself right smack in the middle of all the new lots,roads etc. And I mean they cleared it down to the dirt right up to his property . He has streets on all 4 sides. It was a shock.
  5. cracked butt

    cracked butt Well-Known Member

    There's an ongoing fight right now in my hometown where a farmer is refusing to sell his land that a health clinic chain wants to use to build a clinic in our town. The city is fighting to confiscate the land and give it up to the corporation that owns the clinic. The real rub is that there is an existing, not to mention new, clinic across the street from the proposed site which is owned by a local community hospital. The city is selling this ED abuse by saying that the proposed clinic is a needed piece of infrasctructure for the city. :rolleyes:
  6. cracked butt

    cracked butt Well-Known Member

    Yeah, I caught the irony of that also.:mad:
  7. beerslurpy

    beerslurpy member

    Who was in the kelo majority again? Any progress on EDing Breyer's house?
  8. Can'thavenuthingood

    Can'thavenuthingood Well-Known Member

    Any progress on EDing Breyer's house

    Do you mean Souters?
    He keeps it.



    Voters Block Taking Of Souter’s Property By Eminent Domain
    WEARE, NH---There won’t be any “taking” of Supreme Court Justice David Souter’s farmhouse to make way for the Lost Liberty hotel.

    By a 3-1 margin, voters in Souter’s hometown voted down a proposal Tuesday 1,167 too 493 that would have allowed the town to seize his 200-year-old farmhouse under eminent domain.

    Angered by the Supreme Court’s 5-4 decision last year in the property rights case of Kelo v. New London, activists sought to take Souter’s property as a payback.

    Voters instead asked the town Board of Selectman to urge the state to adopt a law that would forbid seizures of property by eminent domain.

    Souter, a long-time resident of Weare, home to about 9,500, was in the majority for the 5-4 eminent domain case of Kelo v. City of New London , Conn., last June in which the Supreme Court ruled that government entities can take private property if the land is for public use. In Kelo, the Court said New London could take private property through eminent domain for the development of a hotel and convention center.

    The decision left room for the states to create their own legislation to deal with the issue.

    A group of activists, led by California resident Logan Darrow Clements, wanted Souter's 200-year-old farmhouse and eight acres seized for the purpose of building an inn to be known as the Lost Liberty Hotel.

    Clements is the CEO of Freestar Media, a Los Angeles based company that fights "abusive" government through his website and cable show.

    Clements said his goal was to "try to put an end to eminent domain abuse by having those who advocate or facilitate it live under it so they understand why it needs to end".

    Residents of the town had petitioned to put the issue on the town's March 14 ballot. However, in deciding what issues should appear on the March ballot, voters rejected the activists' proposal with an action to instead strengthen New Hampshire's eminent domain law. 3-15-06

    © 2006 North Country Gazette
  9. Thefabulousfink

    Thefabulousfink Well-Known Member

    $122 million dollars for the hospital.

    What do you want to bet that the City is try to pay them .10 on the dollar for their house. Mabey they would be more willing to compromise if the city made it a $123 million dollar project and bought the property properly.
  10. Henry Bowman

    Henry Bowman Senior Member

    What difference does it make that she is an 80 year old widow. It's either right or wrong. A few months ago it seems that building a road or hospital was one of the agreed proper uses of ED.

    The property values of the old hoses along that street are very low. Should they sweeten the pot so that whomever is displaced (old widow or college student alike) can buy a comperable house in which to live? You bet. Should a hospital that is critical in this city (it by far delivers the most babies in Cincinnati) be put off until this lady dies? Why?
  11. engineer151515

    engineer151515 Well-Known Member

    At the very least, I hope Justice Souter worried about the outcome of the vote. The townfolk had more pity on him than he had for homeowners.

    Would have been a great lesson to members of the "High Court" that they do not live in a vacuum.
  12. JohnBT

    JohnBT Well-Known Member

    "Type Of Ownership: Voluntary Nonprofit, Church"

    Taking land for a government-owned hospital is one thing; taking it for a private outfit is something in my eyes.

    They can buy the land they need if they like. Somebody doesn't want to sell, offer them more. Much more.

  13. ambush

    ambush Well-Known Member

    I think the sad part of all this is that the old bird has to worry about bs like this. I mean, you live your whole life playing by the rules, paying taxes, raising family etc., etc. and, in what should be enjoyable, golden years, along comes this crap:banghead: Poor old lady is probably ready the stroke out....this kinda stuff really gets my undies in a bundle.:fire:

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