Bulldozing Churches for Mini-malls
Any Houses of Worship Could Be Destroyed Under Jobs & Taxes
Justification
PRESS RELEASE: March 21, 2006
CONTACT: John Kramer Lisa Knepper (703) 682-9320
Arlington, Va.Since the U.S. Supreme Court decided the Kelo v.
City of New London eminent domain case last summer, City officials have new
power to file condemnation actions against churches to make way for private
commercial development. Throughout the nation, more and more religious
leaders are finding the government and its wrecking ball at their
doorsteps. Tax-hungry governments teaming up with land-hungry developers
are capitalizing on the fact that churches (and all not-for-profits) are
tax-exempt, using Kelo to justify taking religious buildings on the
grounds that the land can generate more tax revenue or amplify job growth as
businesses or homes for the wealthy.
Bob Edgar, General Secretary of the National Council of Churches,
said, After the Kelo decision, local governments apparently are free to
take private property on the theory that generating higher tax revenue is a
valid public use of property. This certainly is a substantial threat not
only to churches and nonprofit organizations, but to every homeowner whose
property could be taken and put to a higher commercial use. This is bad
public policy which cannot be permitted to stand.
Some examples include:
- Sand Springs, Okla., is attempting to seize and demolish
the Centennial Baptist Churchhome to a large black congregationby eminent
domain. The City plans to hand the land over to a private developer to
attract major retailers and other stores. The Lord didnt send me here to
build a mini-mall, the Rev. Roosevelt Gildon told the New York Times.
I guess saving souls isnt as important as raking in money for politicians to
spend, said Gildon on National Review Online.
- In March 2006, Long Beach, Calif., began condemnation
proceedings against the Filipino Baptist Fellowship, a vibrant congregation in
the heart of Southern California, to make way for condominiums. The City
recently designated the building as blighted under Californias vague blight
statutes, giving redevelopment officials the power to take the church by
eminent domain. Every day, the young kids pray that this church would
not fall, said congregation member Jovine Agustine in the Baptist
Press. Pastor Roem Agustine added, Were just resting on the
promise of the Lord that he will not leave us nor forsake us.
- Boynton Beach, Fla., which has already cleared out
long-time small businesses and homeowners in the name of redevelopment, voted
in October 2005 to take two churches by eminent domain so a private developer
can build apartments, stores and parking facilities. The Jesus House of
Worship, which caters specifically to needy families during the holidays, and
Triumph the Church & Kingdom of God were included in the Citys
redevelopment area, leaving them subject to condemnation at the Citys whim.
- Scituate, Mass., has wavered since 2004 on whether to
take 25 acres belonging to St. Frances X Cabrini Catholic Church for private
development. The Church continues to own its land under the threat of
eminent domain.
- Restoration, a non-denominational church in Visalia, Calif.,
made a deal with the Main Street Theater to purchase its downtown building
for a new worship center in 2004. While in escrow, the City condemned
the property by eminent domain, prohibiting the Church from acquiring the
property. The reasons cited were that the City preferred a private arts
center to a place of worship.
- In 2003, Biloxi, Miss., condemned the parking lot of the
Living Waters Ministries, a church on Caillavet Street, to make way for a
proposed casino that was never built.
- Alabaster, Ala., voted to condemn a church in August 2003
for the benefit of Colonial Properties Trust, which planned to build a
400-acre retail development anchored by Wal-Mart.
- After years of meeting in a rental basement and saving up money,
St. Lukes Pentecostal Church in North Hempstead, N.Y., purchased a
permanent home, but it was taken from the church by the North Hempstead
Community Development Agency for private retail development. Six years
later, the lot is still empty.
This is a clear-cut violation the Fifth Amendments public use clause, said
IJ Senior Attorney Scott Bullock, who argued Kelo before the Supreme
Court. When the government can take somebodys land based on promises of
taxes and jobs, churches are especially at risk because they dont pay
taxes.
Steven Anderson, coordinator of the Castle Coalition, warned, Were seeing
more and more minority churches disproportionately affected by eminent domain
abuse.
Since Kelo, legislators in 47 states have passed or are considering
legislation to curb the abuse of eminent domain. The Institute for Justice
and Castle Coalition are working with organizations such as the NAACP and the
National Council of Churches to protect peoples fundamental right to keep what
they already rightfully own.
Bullock concluded, Legislators should work around the clock to make sure
that religious leaders never have to ask what Rev. Gildon already did, And if
we cant move, and they take our building, what happens to the church? If
we leave, who is going to minister to the black community in Sand
Springs? The ball is in the hands of lawmakers. Lets hope they
finally do whats right
Complete archives at http://www.sitbot.net/
Please let us stay on topic and be civil.
OM
SPONSORED LINKS
YAHOO! GROUPS LINKS
|