We wrote about Tom’s Diner last week, and how the Historic Preservation Commission prevented him from selling the fruits of his labor to get top value…or even much value. Now a Denver City Council subcommittee just voted to put more property on the menu, but more about that later – we feel the need to build up to that.
Historic Preservation can be viewed as a “Regulatory Taking,” where the government doesn’t exactly snatch your private property away from you, but it essentially regulates something that greatly lowers its property value.
The much more well-known way to take your property is Eminent Domain. The over-simplified version of this is when the government says your property is “blighted,” and basically takes your property for “redevelopment.” They often do this without just compensation (see the Takings Clause of the 5th Amendment).
Now some of you may be thinking, that’s great when they condemn that crack house down the street, tear it down, and something nice is built there. It increases your safety and property value. That’s all fine and dandy until you ask the question that pertains to you. If the government can take that property, can they take mine? As your neighborhood becomes more gentrified, and all of your neighbors suddenly own McMansions, is your little house where you raised your kids, “blighted.” Will the government be knocking on your door next?
Then, of course, there is the Kelo case, where basically the government seized some nice coastline houses in Connecticut and gave them to a developer to build a golf course. How would you like the government to force you out of your home for a new golf course?
So now we’re coming to the purpose of this article, the Finance and Governance Committee of the Denver City Council, voted 5 to 1 to approve a redevelopment plan for a portion of East Colfax.
We would be remiss to NOT mention local Commie on The Council, Candi CdeBaca here, even though she was the lone NO vote. The article says she didn’t give a reason. We’ll fill in the blank here, and guess she really didn’t know what was going on. Maybe we’ll add another moniker to her nickname. How about Clueless Commie Candi on the Council or “QuadC,” maybe we should make that SquadC because she would fit in with the Squad of AOC, Ilhan Omar, and those Commie Clowns. Remember Commie Candi was all for the US Flag desecration a few weeks ago…
So what’s the standard here to use Eminent Domain? From Colorado Revised Statutes and the article:
Under state statute, there are 11 factors that are used when considering whether a site or area is blighted; four of the 11 must be identified to officially designate an area as blighted, Huggins said…The East Colfax Avenue condition study found five blight factors in the area, including deteriorating/deteriorated structures; unsanitary/unsafe conditions; deterioration of the site or other improvements; inadequate public improvements or utilities; and health, safety or welfare factors that require high levels of municipal services or underutilization or vacancy or buildings, site or improvements.
Adam McCoy, Colorado Politics, August 1, 2019
Let’s focus on “inadequate public improvements,” because this is what we consider part of the government scheme to take your property. Public improvements generally are covered by…Yes, you guessed it…The Government! So, the government neglects the area around your property, and then they use their neglect, to claim negligence and take your property. So, if this doesn’t smell bad to you, we don’t know what will.
So, Tom’s Diner last week, more property down the street from Tom’s this week, who’s next on the menu? Hopefully, it’s not our property or yours!
Please share!
Remember to check back with the Colorado Citizen Press. We’re always looking for good stories. Please use our “Citizen Tip Line” early and often. Like us on Facebook and follow us on Twitter (@COCitizenPress)!