
 |
|
February 10, 2012
Lisa M. Krieger: Man with defibrillator demands access to his own heart's information
David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
February 9, 2012
Laura McMullen: 10 Least Expensive Public Schools for Out-of-State Students
Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
February 8, 2012
Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups
Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets)
February 7, 2012
Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one
Suzanne Bohan: Leaping lizards! Tiny reptiles advancing robot design
February 6, 2012
Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It
Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
Caroline B. Glick: Obama: Of course I intend to prevent a nuclear holocaust . . . in a few months
Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
|
| |
Jewish World Review
June 5, 2006
/ 9 Sivan, 5766
Get smiley face
By
Debra J. Saunders
| 
|
|
|
|
http://www.JewishWorldReview.com |
There are two ugly guys in the fight between the City of Hercules, Calif., and Wal-Mart. It's a classic tale of Big Government versus Big Box, and both sides are prepared to use big guns.
In the last round, the City Council voted unanimously to use the awesome power of eminent domain to seize 17 acres owned by Wal-Mart. Wal-Mart vowed to use its awesome resources to fight back. As Hercules sees it, Wal-Mart is the rude guest that won't leave. Attorney Gale Connor, who represents the city, noted that Wal-Mart bought the property in 2004, despite considerable opposition to the retail giant's proposal. "Why did they go ahead and purchase the property to begin with?"
This is a hot story, Connor understands, because of the "confluence of two very controversial subjects." The Bay Area has its share of Wal-Mart haters who see the chain as pure evil.
I see using the power of eminent domain for private development as evil. In 2005, the U.S. Supreme Court ruled that municipal governments have the right to use eminent domain to seize property for "public use" even if that "public use" entails the government taking land from homeowners to give to a private developer. It was downright un-American for the Big Bench to determine that the city of New London, Conn., could evict homeowner Susette Kelo and her neighbors to make way for a tony private waterfront development.
Wal-Mart is no Susette Kelo. Be it noted that Hercules is not evicting a homeowner or small business it is seizing an empty lot. In essence, the city is using eminent domain as a proxy for strict zoning rules.
The big irony is, as Connor noted, "part of the reason eminent domain has such a bad name" is that "historically" big retailers including Wal-Mart have used it to take other people's land. Last month, the Orlando Sentinel reported, Wal-Mart threatened homeowners that if they didn't sell to the retail giant, it would ask local authorities to take the land by eminent domain.
Wal-Mart spokesman John Simley acknowledged as much. "There's no question," he said on the phone Wednesday. "We've benefited from some degree from eminent domain decisions." Simley contends the difference is that Wal-Mart was able to use eminent domain to counter blight. Of course, blight is in the eye of the beholder. Citing blight, cities have used eminent domain to seize the homes of blue-collar owners to make way for upscale housing. 
Many Northern Californians consider a brand-spanking new Wal-Mart to be blight.
Still, Hercules residents should ask themselves if it is worth the money it will take to fight this case. The legal bills could be huge. As Connor noted, "Wal-Mart is entitled to just compensation for their property," and if the chain doesn't think the city is offering enough, it is "entitled constitutionally" to seek a jury trial for more money.
Should taxpayers foot the bill for a fantasy? Many residents in the East Bay conclave long to be too tony for Wal-Mart. Hello. The site of the battle is near I-80 and surrounded by an industrial park. The only nearby homes separated from the lot by a creek are new and quaint, if crowded, with porches in front, garages in back and small parks in lieu of yards. Planners envision an old-fashioned village with small shops by the bay.
But a city can't just pass a law and turn itself with homes there selling at a median price of $475,000, according to the Economic Development Alliance for Business into Sausalito.
"Hercules is a high-income enclave in a larger lower-income trade area that is currently underserved by retail activity," says an economic review of Wal-Mart's proposal that was written for the city and plays to the pretensions. The report shows that other Wal-Marts in the East Bay attracted fast-food restaurants, in one case a check-cashing outlet and in another a "a low-end coffee shop." Oooh. Not Starbucks.
But if the area is as high-end as planners say, Wal-Mart should attract better companion outlets.
Vocal Wal-Mart foes believe they have a right to decide who sets up shop in their town, and the right to keep out shops that might attract lower-income shoppers. This is just class warfare. While Wal-Mart haters are free to not shop at Wal-Mart, they want to wield the club of government so that others don't shop at Wal-Mart.
Bert Gall of the Institute of Justice, which opposes using eminent domain for private development, warned, "If something like this can happen to Wal-Mart, it really can happen to anyone." And, "It just illustrates that what the Supreme Court unleashed in Kelo was the ability of government to play favorites."
Hercules could end up with no retailer interested in the site. "The market already demonstrated that there wasn't much interest in what the city had in its general plan there," said Benjamin Powell of the Independent Institute. If Wal-Mart wants in, and Retailers for the Rich aren't banging down the door, that should tell Hercules residents something.
Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.
Comment JWR contributor Debra J. Saunders's column by clicking here.
Debra J. Saunders Archives
© 2006, Creators Syndicate
|
|

Arnold Ahlert
Mitch Albom
Jay Ambrose
Michael Barone
Barrywood
Tony Blankley
Lori Borgman
Stratfor Briefing
Mona Charen
Linda Chavez
Richard Z. Chesnoff
Ann Coulter
Greg Crosby
Alan Douglas
Larry Elder
Suzanne Fields
Frank J. Gaffney
Bernie Goldberg
Jonah Goldberg
Julia Gorin
Jonathan Gurwitz
Paul Greenberg
Argus Hamilton
Victor Davis Hanson
Betsy Hart
Ron Hart
Nat Hentoff
Marybeth Hicks
David Horowitz
Jeff Jacoby
Renee James
Paul Johnson
Jack Kelly
Ed Koch
Ch. Krauthammer
Michael Ledeen
John Leo
David Limbaugh
Kathryn Lopez
Rich Lowry
Michelle Malkin
Jackie Mason
Ann McFeatters
Dale McFeatters
Dana Milbank
Jeanne Moos
Dick Morris
Jim Mullen
Deroy Murdock
Judge A. Napolitano
Bill O'Reilly
Kathleen Parker
Star Parker
Dennis Prager
Wesley Pruden
Tom Purcell
Sharon Randall
Robert Robb
Cokie & Steve Roberts
Heather Robinson
Pat Sajak
Debra J. Saunders
Martin Schram
Culture Shlock
David Shribman
Roger Simon
Michael Smerconish
Thomas Sowell
Ben Stein
Mark Steyn
John Stossel
Cal Thomas
Dan Thomasson
Bob Tyrrell
Ben Wattenberg
Diana West
Dave Weinbaum
George Will
Walter Williams
Byron York
ZeitGeist
Mort Zuckerman

Robert Arial
Chuck Asay
Baloo
Chip Bok
Dry Bones
Lisa Benson
John Branch
John Cole
J. D. Crowe
John Deering
Brian Duffy
Everything's Relative
Mallard Fillmore
Glenn Foden
Jake Fuller
Bob Gorrel
Joe Heller
David Hitch
Jerry Holbert
Lee Judge
Steve Kelley
Jeff Koterba
Dick Locher
Jimmy Margulies
Rick McKee
Michael Ramirez
Kevin Siers
Jeff Stahler
Ed Stein
Danna Summers
John Trever
Gary Varvel
Kirk Walters

Mr. Know-It-All
Dr. Peter Gott
GET A JOB! by Marty Nemko
Richard Lederer
Frugal Living
Tech Maven
On Nutrition
Bookmark These
Bruce Williams
|