I love this woman: "93-yr-old wins eminent domain case"

[Heidi]

:thumbsup:



93-year-old tenant wins eminent domain case
Hospital will have to pay five times its original offer if it condemns house
ALBANY, Ga. - A jury decided that a Georgia hospital is going to have to pay nearly five times what it offered if it wants to condemn a rental house where a frail, 93-year-old woman has lived for nearly three decades.

The jury said Thursday that Phoebe Putney Memorial Hospital would have to buy the 60-year-old brick duplex for $200,000 — it has been appraised at $50,000 to $60,000 — and give the tenant $51,000 to help her move from her home of 26 years.

“It just proves that no one can assume absolute power over someone’s life without having to answer to the legal system,” said attorney Eddy Meeks, who represented the tenant, Julia Lemon, and the home’s owner, Julie Montgomery.

More: http://www.msnbc.msn.com/id/11280106/

[Floogeldy]

1. God bless that jury.

:)

[Heidi]

2. And god bless

the warriors for justice who helped this woman. (I want to say that before the "all lawyers are scum" contingent shows up.)

:hi:

[Common Sense Party]

13. Nice to see some juries still get it right. Sometimes. n/t

[amitten]

3. Sock it to em, Granny. Bastards. Make em pay. n/t

[Heidi]

5. In my opinion, eminent domain legislation has gotten way

out of hand in the past few years, so I was glad to wake up to this story this morning. I'm glad that, even at 93, this woman didn't back down.

:hi: amitten!

[amitten]

8. Same here. Unreal...

Like a homeowner who has paid over an entire lifetime for their home SHOULDN'T have any say over what happens? Ridiculous. They would have to pull me out kicking, screaming, and wielding various weaponry! And then they would have to make me rich.

:hi:

[Floogeldy]

9. Thanks for sharing the story, Heidi.

:)

[philosophie_en_rose]

4. eminent domain still hurts

the $1000 will be appreciated, but I'm sure that it won't be as good as being able to stay in her home of over thirty years.

Since the Supreme Court has allowed private land to be taken for corporate use through eminent domain, no one's property is really safe.

[Heidi]

6. "No one's property is really safe."

You got _that_ right. Sad, annit? :(

[philosophie_en_rose]

14. yeah, Souter's next.

A group of protesters have filed a suit to obtain the property that Justice Souter's house is on.

No clue as to why they didn't pick Scalia - maybe too afraid of finding bodies in the garden? :shrug:

[Heidi]

17. The lawsuit to condemn Souter's property

doesn't have a prayer, does it? Isn't it primarily a means of bringing attention to the over-the-top eminent domain laws? God knows we all ought to be realizing by now that we've given the government _way_ too much power. :scared:

[philosophie_en_rose]

36. Well, there are restrictions.

They have to prove that it's in an economically depressed area and that the business serves the public good somehow. (Public good is interpreted very, very broadly).

Probably no chance; but I won't protest forcing Souter to go through the experience of defending his home. It probably won't amount to more than a motion or two, but I hope it sends a message to the public at least.

[Orsino]

25. Yep. She still loses.

She's just managed to negotiate better compensation for her loss.

[Heidi]

29. Agreed.

She does still lose her home, but there won't be as much laughter on the way to the bank for that hospital district, and Ms. Lemon didn't go down without a fight.

[Orsino]

And maybe, just maybe...

...Big Money won't go after private residences quite as often. If their profit from the deal has shrunk significantly.

An extra six figures can't be much, though, compared to the real dough they'll make.

[auntAgonist]

7. HOORAY!!!!

Bless her heart! She had some very good people working FOR her. I'm glad she'll be ok there.

I love the last quote...

“It just proves that no one can assume absolute power over someone’s life without having to answer to the legal system,” said attorney Eddy Meeks, who represented the tenant, Julia Lemon, and the home’s owner, Julie Montgomery.



AMEN to that :)


:hi: and thanks for the link Heidi ! :loveya:

[Heidi]

10. That story restored a little of my faith

early on a Saturday morning. :kick:

How're you doin', gf? :loveya:

[auntAgonist]

11. Doing GREAT Heidi, thanks ... How

about you? I don't seem to post here much anymore, just been busy. I'm half the size I was a year ago! That's good news :)

How is your art work coming along? ..I just love your paintings I especially liked the one of the woman, darnit , I cannot think of what you named it. But I LOVED it :)

[Heidi]

16. Congratulations to you on your much-improved health,

aA! That's a wonderful feeling, isn't it? :hug:

I haven't been around much, as I've had a ton of work in combination with a hideous cold. But I'm feling better this weekend. :thumbsup:

(I think the painting you're thinking of was, "Goddess I." Thank you for your kind words. I'm starting another large-scale goddess painting this weekend. :) )

[auntAgonist]

34. yes Goddess 1

She is a MasterPiece :) or is that a Mistress Piece? heh

I look forward to seeing your next Goddess!

:loveya:
:hug:

[Wapsie B]

12. Good for her.

Some corporations see themselves as omnipotent. Hospitals are no different. Some just hide behind the cross and Bible. If I were the judge I'd give her 10 times that amount and give her and everyone in her family free healthcare for life.

[Heidi]

19. Most hospitals are expected by their boards of directors

to operate in the black just like a regular business. I agree that in most cases, private property ownership should prevail over corporate "need" (which too often is "greed" in disguise.)

:hi: :pals:

[Wapsie B]

20. Yes it is often greed.

:hi: :pals:

[enigmatic]

15. I love this

Go Granny!

[Heidi]

22. Yep!

Too often, such stories never see the light of day, because they pose a threat to the prevailing wisdom that one can't fight city hall. I echo your, "Go Granny!" :thumbsup:

[Suich]

18. Hat's off to 84 yr old Edith...

http://archives.seattletimes.nwsource.com/cgi-bin/texis.cgi/web/vortex/display?slug=danny08&date=20060208&query=danny+westneat

[Heidi]

21. "It's my home," she says. "I wouldn't like it anywhere else."

Thanks for that link, Suich. If Mrs. Macefield's home isn't endangering her or her neighbors, her reason for staying there is good enough for me. :thumbsup:

[Heidi]

23. Kick for Ms. Lemon (and the day crew).

:kick:

[Crazy Dave]

24. I had to survey a piece of property where the city was kicking out....

...an old widow who had lived there for over 50 years and her husband had built the house himself. The city decided they wanted to put a community center where she lived instead of land that was already available or even land that the owned themselves. These uneducated people who can't function in society and get a real job just ride around, say "that's a great place to build a community center", they kick the people out, they won't change their mind, and then they try to make the people who want to stay look like they're greedy and don't want to help improve the community and build up public support against the homeowner.
Watch out before any of you jump on a "let's help kick those greedy land owners out so we can have a park or a community pool" band-wagon. Next time it could be your home or your parents.

[Heidi]

26. Why is it that the "developers" almost always

seem to prey on the elderly and/or vulnerable? I maintain that it's because government is run like a corporation that wants the most bang for its buck, no matter who gets hurt. When I was a journalist, I saw the very sort of thing you descibed, as well as bullying tactics to mold the public's perception that the "hold-outs" were asking for too much money or "standing in the way of progress," etc. Very sad that we've devolved to this. :grr:

[Crazy Dave]

28. Good morning Heidi

It's simple. Their mentality is 100% a power trip. You know how you feel good or better after you've worked hard to accomplish something? To them it's the same principal. If they were to use land that the city already owned or land that was for sale that would be too easy and not very impressive to brag about amongst other city workers or the city politicians. They can't get on TV and say, "I'm fighting greedy land owners to help our community". It's all about them feeling more powerful, doing it because their spouses yell at them at home and they feel so insignificant, but by God at work they have the power of the city behind them to kick people out of their homes because they can.

An even lazier and undereducated public is to blame too. If they think the having city take something away from somebody else that will benefit them, they are so wiling to accept and support it. Plus they don't want to put any effort into maybe voting where they'd like to have one, heck no. It's so easy to let the city decide for them.

[Crazy Dave]

30. Reply #2

I forgot to add to my first post about why private developers get the city to throw people out of their homes. Say your parents bought a small house along a river 30 - 40 years ago for say $18,000 USD. They've lived there since they bought it, it's paid for and they want you to have it for you and your family after they're gone.
Well here comes Mr. Condo into town and sees the area where your parents live and says, "Man, what a great place on the river to build $1 million dollar townehomes and a golf course. He will not even have to talk to your parents anymore. He will go straight to the city, ask what your parents pay in property taxes say maybe, $150 - $200 a year and he will tell them that he plans to build 50 units that will pay $5000 apiece in property taxes a year. Well the city gets dollar signs in their eyes because that's more money for them, they can buy more votes next election and buy new city vehicles so for the benefit of the "whole community", out your parents go and get this. The two main reasons the developer won't make your parents an offer is:

1. Your parents may not want to sell. It's theirs and they promised it to you so no deal.

2. The developer knows he'll have to pay your parents what the fair market value of the property is at the current time and that could be ten times what your parents originally paid for it and that would cut into their profit margin. So they will have the city condemn your parent's property, call it "blighted", that's the new industry term now and the city will tell your parents, "Look you greedy people, you paid $18,000 for your property 40 years ago and that's all we're going to pay you for it now", "So get out before we get a court order and have the police throw you out!" After that the city usually GIVES the land to the developer who promised them 14 times that amount back every year.

America. Where police can come throw your family out of their home so another family can have it and then tell them that the troops in Iraq are "fighting for their freedom".
It's enough to make you :grr:

[Heidi]

31. Didn't the Supremes rule last year

that "economic development" is an allowable condition under which a government entity can pursue exercise domain? I need to Google that. If so, it sucks, big time. :grr:

[Crazy Dave]

32. They did and it was mostly the conservative justices that voted in favor

...if memory serves me correct. Believe it or not though Heidi, they have a majority of public support for it.

[LaurenG]

27. This is really great news, not just for her

but for all of us.

[ucmike]

33. i'm so sick of hospitals

i ended up at the emergency room in december for about 4 hours. i had some bloodwork, an ekg, an xray, consultation with a regular physician and a cardioligist. left there with no answers and a prescription for a radiological stress test at the cardioligists office. cost me $3600 which came out of my pocket as i have no insurance. the next day, with the same symptoms and a little internet research i went to a local walk-in got a diagnosis for lymes disease and a prescription for antibiotics. that cost me a $120 and took care of my problems.

i applied for a reduced payment plan with the hospitial as i was unemployed at the time and was turned down because i own a home. i tried to get a monthly payment plan but was told it would be at about 12% interest even if i paid it in two payments. so i coughed it up, tightened the budget and got through it.

so this f**king private hospital, which pays no property tax to my town, and just built a huge new wing through private donations and state and county grants has the balls to send out a monthly full color glossy magazine crowing about their dedication to public service and their positive impact on the community.

how about serving the community by providing affordable health care and emergency services and cut the PR budget? how about not spending money on glossy, monthly magazines sent out to thousands of homes who really couldn't give a shit and just throw it in the recycling? how about not charging an unemployed guy $2700 for 4 hours of laying in a bed hooked up to a machine no one was monitoring. (the balance of the bill was for the 2 docs, the xray tech, the blood tech who all got paid seperately.) how about not charging interest to people who are trying to pay their bills without going broke. HOW ABOUT PAYING PROPERTY TAXES ON THE LARGEST PRIVATE BUILDING IN TOWN -- A BUILDING THAT OPERATES AT A PROFIT YEAR AFTER YEAR?

i hope hospitals lose every lawsuit they are involved in until they change the way they do things.

end of rant.

[Guy Fawkes]

35. wait just a f*cking minute....

a hospital tried to kick a 93 year-old woman out of her house? I thought that hospitals were supposed to HELP people!


fucking HMOs

[pitohui]

37. she'll never see a dime

juries have the wrong idea, tho they do their best, but the victims seldom actually see these big awards, it sounds like the case is going to be appealed, this woman will be buried and in the ground before they pay her a dime is my sad prediction

[Heidi]

38. If she's still in her home when she dies,

she will have won. Sadly, though, in that scenario, she will have spent the last years of her life fighting a battle that hospital district should never have begun. :grr: