 |
| |
 |
Eminent Domain is Un-American
By Editor Johnathan Smith
By Editor Johnathan Smith
Mishawaka is not practicing a free society government. Several years ago, they did a mass home purchase for
the Hummer plant. I’m sure that brought billions of dollars into our community, and surely had many other
effects. They can tout the added benefits to our community—but at what cost? Time has passed, and many of
the people who lost their homes have likely gotten over it. They’ve moved on and live other places now. The
stress they went through—especially some of the older, retired people who were set in their ways—may have
cost some of them years of life. Imagine the social factor of children having to leave their schools and friends. I
can even imagine some people divorced over the stress. And the Hummer plant was almost sold to China in
the last few months?
The city of Mishawaka is currently telling us they are going to “potentially” take our home as part of the River
Walk in three to five years. It’s going to happen, says Ken Prince (Mishawaka City Planner). At the Edgewater
Drive meeting in the fall of ‘08, Mayor Jeff Rea stated he was going to take responsibility for taking the
encroachment right to put a sidewalk through river property-owner’s land, even over their combined objections.
If you live from Merrifield Park to Central Park (both sides), you’re on notice: beware.
We (my wife and I) thought we were going to be in our home into old age. They made us an offer 74% less
than the absolute minimum it would cost for us to pay off our house-related debt and be able to relocate. We
are remodelers by trade and were constantly doing professional-grade improvements to our home. EIFS stucco
siding, a two-car garage and deck to the river were planned. We even had plans for a pedal boat rental or
kayak sales business. The neighbors were aware we wanted to acquire their properties as well. We know they’
re not going to pay us for our dreams, but we expect them to pay us for what we’ve put into it.
We made a counter-offer which was less than half of what we expected we could get some day—a very fair
deal—just to get things over with (our mortgage plus $5k). We don’t want to pay taxes and interest on a house
we’re going to lose. We’ve given up working on finishing our 1913 home, because why should we work on
something that’s going to be torn down? We rarely landscape; we just don’t care. It’s caused a tremendous
amount of stress on our marriage and has caused many sleepless nights. We don’t know when they’ll take our
house, or where we’ll live next. We will figure out how to make this work. We know that we’re going to lose our
home... that we pay for! We are constantly on red alert They have already taken our home in our spirits and
our minds. They have violated the sacredness of our home and hearth, and they are being allowed to continue
this for the next three to five years, tentatively. It will never stop as long as we are in this home. It’s a daily
emotional strugle. We’ve listed it on craigslist.com. Only a lawyer would want it. We want away from this
government. Enjoy your legacy, Jeff Rea.
Sure, they’re allowing us to use our court system years from now, but because of the Supreme Court ruling on
eminent domain (July 2005, Kelo v. City of New London, CT), they’ve made us believe they will get away with
taking our property. And by that time we will get what we asked for, plus at least 50% more, towards our true
value of this property. As taxpayers, when do you want to buy our house? Now, or in the future, when it will
cost you more? We don’t understand the relocation committee’s decision; it makes no sense from a business
perspective. It’s as though they want to make us suffer. They could’ve bought it when we did, when the ceilings
were caved in, and we had a waterfall in the kitchen every time it rained. Most everyone gave up on it. Jeff Rea
said they were looking at it then. We bought it! It’s my wife’s Taj Mahal. A humble one but none the less. We
rebuilt it.
The city shouldn’t have the right to do anything they think is going to benefit the community as a whole. Sure,
our River Walk is beautiful, and is going to be grand once it goes through where our living room is and through
untold numbers of homeowner’s back yards. But where do we stop? We think the Union Street hill would make
a great ski slope and would draw millions of dollars to our community. Should we threaten everyone there with
the possibility of losing their homes to a ski slope because it would be good for the community? What if we put
it right through Blair Hills, where Ken Prince’s home is? It’s scenic and off the beaten path. How about it, Ken
Prince? What if, in four years, we come and take your property for a ski slope? Think of the hotels and
restaurants that it would support, all of the employment that could be created. Your neighbors could have bed-
and-breakfasts. Their property values will skyrocket. Or take your property and give it away for a dollar so that
a developer will build multi-million dollar homes and condos you can’t afford. Growth for the sake of growth, is
the philosophy of cancer.
Everyone should feel comfortable that they are going to remain in their homes until their dying days. We
should never be uneasy or unsure of where our home is in the United States of America. Everyone is at risk.
Everyone.
Our cities need to be able to plan and project, but there needs to be a willing consensus between the parties.
If there is one holdout amongst a hundred, rather than destroying that person’s environment, the other ninety-
nine should have to provide that one can still maintain his island in the midst of their ocean. The one should
never feel threatened and should always feel protected. That’s equal freedom.
It is so sad that we have politicians and officials running our free government with Communistic rules. This is
our land, and the bank’s. We should not have city government that believes in these rules. It’s un-American.
Where is your patriotic conviction, Jeff Rea and Ken Prince? Be Americans in spirit, not just in title.
You damned Communists.
Mayor Jeff Rea Responds:
"Jonathan,
"I have read with interest your recent internet posts and emails about the City of Mishawaka and me personally. As I have come to
know and expect from you, it is filled with very little truth or accuracy. I know that doesn’t really matter to you so I am not sure why I
expend the effort, but I do think it is important you understand some facts as it relates to your claims.
The City of Mishawaka did not purchase a single property in association with the expansion of the AM General H2 Plant. The
factory is 100% outside of the City limits, and all acquisition was done by St. Joseph County and AM General, not by the City of
Mishawaka . The plant remains outside of the City of Mishawaka.
The company from China is looking to buy the Hummer name, not the local plant. The local plant, AM General, only produces
vehicles under the Hummer brand name for General Motors. In a sense, they have a contract to make vehicles for GM. I know of
no discussions of the possible sale of the AM General plant.
I think you have misinterpreted the Edgewater comments. If you listened to the whole conversation, which I know you rarely do,
when asked I simply said the final decision on the construction of the Riverwalk rested with this office. Not one time at the
Edgewater meeting did we talk about taking the Edgewater owners land. Our conversations were all about utilizing the existing
right-of-way. I also indicated that likely we would never go along the south bank, as there is a high concentration of homes there,
but that the north side was more logical because we already had public right-of-way.
When you talk about the offer you made, I think your portrayal is also inaccurate. The Indiana Code lays out procedures by which
governmental units can buy property. As the Mayor of the City, I believe we have a responsibility to follow the Indiana Law, it would
be irresponsible not to. The law suggests that we hire two independent appraisers, licensed by the State of Indiana , have them
perform appraisals, and make an offer based on the average of those two appraisals. That is what we did and that is where our
offer came from. There are not provisions in the law to allow me to absolve your household debt. We were unable to reach an
agreement, so we indicated that we would no longer pursue purchase of the property. We have articulated that on a number of
occasions, explained why, but you don’t seem satisfied.
You talk in your article about eminent domain. In Mishawaka , it has only ever been used as a last resort. Since I have been with
the City, 15 years, only once has the City of Mishawaka used eminent domain. That was for the acquisition of the liquor store at
Main/Jefferson for part of the Main Street Underpass Project. I believe in that case even, a settlement was reached prior to the
actual court hearing. We don’t like to be at odds with our citizens, we try very hard to work with them. We recognize that they have
made significant investments in the property they own. That being said, we also believe it is irresponsible to overpay for property,
as we are utilizing tax dollars for the purchase. Our track record speaks for itself, and I believe you would be hard pressed to find
one property owner that didn’t feel like they got a fair deal from the City of Mishawaka . Close to 100% of the properties we have
purchased came to an agreement, I believe that is a pretty good record.
I think you are pretty far off on your theories that we would randomly go into a neighborhood to build a ski-slope. Your perception
of our financial wherewithal is a little off base. These are difficult times for government units and we know that the pot of funds is
not unlimited. We are unable to fund all of our daily needs, let alone go in an ruin a well established neighborhood by buying it
all. As I have come to expect from you, you have a lot of far out conspiracy theories.
I am not sure why you still feel so threatened Jonathan. I have indicated, we are not going to purchase your property for the
riverwalk. I don’t know how much clearer I can get than that. Though we have desire to extend the Riverwalk east, we will seek
other alternatives as we understand from you that your property is not available. I will respect that.
"Jonathan, I do wish you luck in whatever it is you want to pursue. At the end of the day, I am very proud of how we do our
business here and the people we have here doing that business. We have been honest, up front, and frank. We haven’t played
any games. We have followed the law. We believe we have acted in the best interest of our taxpayers. Part of the beauty of this
country is you certainly have the right to disagree with that. I think however, given all of the facts, a lot of people with concur with
what I have said. It has been a great honor to serve in this position. It is a responsibility I take very seriously. Every day I try to do
my very best, and I ask the same of our employees."
Mayor Jeff Rea
City of Mishawaka
600 East Third Street, P.O. Box 363
Mishawaka, IN 46546-0363
(574)258-1601
(574)258-1776 fax
jrea@mishawakacity.com
Johnathan Responds:
Dear Jeff Rea,
My passion in this matter is great, to say the least. I was wrong about who took the property for the Hummer plant.
You were also wrong about some of the things the city has done. When you say you made us an offer that was an average of 2
appraisals, I believed a year ago it was to be $148,000. One of your appraisals was $148,000, and the other was $145,000. You
had one river comparison and that was the cheapest one you could find. With the interior of my home being new compared to
that one, it was also wildly inaccurate. It was an insult to me as a homeowner and a remodeler. This year I find that your offer was
only $118,000. This makes no sense. Do the math.
You are also mistaken to think I was asking for my personal debt to be taken care of. I was asking for the amount the bank and
credit union have agreed my home is worth, plus $5000 for relocation. Your confusion is probably in the fact that I disclosed to
you the remaining balance of my original mortgage, my home equity line of credit, and my third mortgage and expressed that I
want my equity and my intentions with my equity. A home equity line of credit is secured debt. Your misinterpretation is your
problem.
You guys have made us feel helpless through this ordeal. Be assured that when I oppose you in the 2011 mayoral race, I will be
more diligent with my facts. The city of Mishawaka may not have taken homes for the Hummer plant, but the government did. I’m
also aware that China is just buying the business and not the plant. It was the government’s desire for the building that
displaced all of those people.
Your telling us that you’re not interested at this time does not and will not forgive Ken Prince’s insistence that “it’s going to
happen.” You are merely camouflaging your future intentions. He also stated at the meeting that the property across from the
police station, on Race Street, was acquired and intended to be used for the parks system. A clear sign you intend to come down
the south side with the river walk. The property of the people on the north side of the river is just as important to them as that of
the south side. The fact that a road divides the river from the homes should not allow you to justify taking their property, even
though the city has egress rights.
You also have done nothing to protect our home from the “boom thugs” that still purposely shake our home with their stereos.
You instead discounted us behind the closed door while my wife and I were standing in the hall listening to you.
It is your failure to be a good judge of character that has caused you most of the issues with me. When I told you years ago that
Chris Brown and Phil Fick were going to lie to you, I think you discounted me and believed them anyway. I have not talked to one
police officer who served with Phil Fick who has any respect for him. He filed a false police report on me when I was merely
driving to work, claiming I got into a high-speed chase with him. I was told this by Jenny Zimmerman. I applaud that you have
replaced Phil with George; I believe I will keep George in his position. I like him. Chris Brown is just a miserable, power-hungry
woman with no respect or appreciation for the citizens who provide for her. My dealings with Lenny in the park were very
accurately portrayed in my letter to the parks system and you. You’ve chosen to believe that I have been dishonest with you. My
wife would confirm that you would be hard-pressed to find a more honest man than me.
I was taunted and threatened about that false police report by your beard, Jenny Zimmerman (this was the incident that you had
to write a letter of apology to me for). For almost 2 weeks they pushed me. When I said I wanted the ordinance to show my
attorney, she changed her story. I use the word “beard” because I believe she was being used by you to keep people from
questioning why you are single. I think your marital status or sexuality has nothing to do with your office, but you did allow her to
abuse her power. As a citizen and former leader in the Navy, I sorted these people out very quickly. I will not let this type of person
threaten the citizens of Mishawaka when I'm mayor. You should be disappointed in yourself that you have.
You continue to say I'm being a conspiracy theorist. I have merely stated facts.
Johnathan Smith
the Hummer plant. I’m sure that brought billions of dollars into our community, and surely had many other
effects. They can tout the added benefits to our community—but at what cost? Time has passed, and many of
the people who lost their homes have likely gotten over it. They’ve moved on and live other places now. The
stress they went through—especially some of the older, retired people who were set in their ways—may have
cost some of them years of life. Imagine the social factor of children having to leave their schools and friends. I
can even imagine some people divorced over the stress. And the Hummer plant was almost sold to China in
the last few months?
The city of Mishawaka is currently telling us they are going to “potentially” take our home as part of the River
Walk in three to five years. It’s going to happen, says Ken Prince (Mishawaka City Planner). At the Edgewater
Drive meeting in the fall of ‘08, Mayor Jeff Rea stated he was going to take responsibility for taking the
encroachment right to put a sidewalk through river property-owner’s land, even over their combined objections.
If you live from Merrifield Park to Central Park (both sides), you’re on notice: beware.
We (my wife and I) thought we were going to be in our home into old age. They made us an offer 74% less
than the absolute minimum it would cost for us to pay off our house-related debt and be able to relocate. We
are remodelers by trade and were constantly doing professional-grade improvements to our home. EIFS stucco
siding, a two-car garage and deck to the river were planned. We even had plans for a pedal boat rental or
kayak sales business. The neighbors were aware we wanted to acquire their properties as well. We know they’
re not going to pay us for our dreams, but we expect them to pay us for what we’ve put into it.
We made a counter-offer which was less than half of what we expected we could get some day—a very fair
deal—just to get things over with (our mortgage plus $5k). We don’t want to pay taxes and interest on a house
we’re going to lose. We’ve given up working on finishing our 1913 home, because why should we work on
something that’s going to be torn down? We rarely landscape; we just don’t care. It’s caused a tremendous
amount of stress on our marriage and has caused many sleepless nights. We don’t know when they’ll take our
house, or where we’ll live next. We will figure out how to make this work. We know that we’re going to lose our
home... that we pay for! We are constantly on red alert They have already taken our home in our spirits and
our minds. They have violated the sacredness of our home and hearth, and they are being allowed to continue
this for the next three to five years, tentatively. It will never stop as long as we are in this home. It’s a daily
emotional strugle. We’ve listed it on craigslist.com. Only a lawyer would want it. We want away from this
government. Enjoy your legacy, Jeff Rea.
Sure, they’re allowing us to use our court system years from now, but because of the Supreme Court ruling on
eminent domain (July 2005, Kelo v. City of New London, CT), they’ve made us believe they will get away with
taking our property. And by that time we will get what we asked for, plus at least 50% more, towards our true
value of this property. As taxpayers, when do you want to buy our house? Now, or in the future, when it will
cost you more? We don’t understand the relocation committee’s decision; it makes no sense from a business
perspective. It’s as though they want to make us suffer. They could’ve bought it when we did, when the ceilings
were caved in, and we had a waterfall in the kitchen every time it rained. Most everyone gave up on it. Jeff Rea
said they were looking at it then. We bought it! It’s my wife’s Taj Mahal. A humble one but none the less. We
rebuilt it.
The city shouldn’t have the right to do anything they think is going to benefit the community as a whole. Sure,
our River Walk is beautiful, and is going to be grand once it goes through where our living room is and through
untold numbers of homeowner’s back yards. But where do we stop? We think the Union Street hill would make
a great ski slope and would draw millions of dollars to our community. Should we threaten everyone there with
the possibility of losing their homes to a ski slope because it would be good for the community? What if we put
it right through Blair Hills, where Ken Prince’s home is? It’s scenic and off the beaten path. How about it, Ken
Prince? What if, in four years, we come and take your property for a ski slope? Think of the hotels and
restaurants that it would support, all of the employment that could be created. Your neighbors could have bed-
and-breakfasts. Their property values will skyrocket. Or take your property and give it away for a dollar so that
a developer will build multi-million dollar homes and condos you can’t afford. Growth for the sake of growth, is
the philosophy of cancer.
Everyone should feel comfortable that they are going to remain in their homes until their dying days. We
should never be uneasy or unsure of where our home is in the United States of America. Everyone is at risk.
Everyone.
Our cities need to be able to plan and project, but there needs to be a willing consensus between the parties.
If there is one holdout amongst a hundred, rather than destroying that person’s environment, the other ninety-
nine should have to provide that one can still maintain his island in the midst of their ocean. The one should
never feel threatened and should always feel protected. That’s equal freedom.
It is so sad that we have politicians and officials running our free government with Communistic rules. This is
our land, and the bank’s. We should not have city government that believes in these rules. It’s un-American.
Where is your patriotic conviction, Jeff Rea and Ken Prince? Be Americans in spirit, not just in title.
You damned Communists.
Mayor Jeff Rea Responds:
"Jonathan,
"I have read with interest your recent internet posts and emails about the City of Mishawaka and me personally. As I have come to
know and expect from you, it is filled with very little truth or accuracy. I know that doesn’t really matter to you so I am not sure why I
expend the effort, but I do think it is important you understand some facts as it relates to your claims.
The City of Mishawaka did not purchase a single property in association with the expansion of the AM General H2 Plant. The
factory is 100% outside of the City limits, and all acquisition was done by St. Joseph County and AM General, not by the City of
Mishawaka . The plant remains outside of the City of Mishawaka.
The company from China is looking to buy the Hummer name, not the local plant. The local plant, AM General, only produces
vehicles under the Hummer brand name for General Motors. In a sense, they have a contract to make vehicles for GM. I know of
no discussions of the possible sale of the AM General plant.
I think you have misinterpreted the Edgewater comments. If you listened to the whole conversation, which I know you rarely do,
when asked I simply said the final decision on the construction of the Riverwalk rested with this office. Not one time at the
Edgewater meeting did we talk about taking the Edgewater owners land. Our conversations were all about utilizing the existing
right-of-way. I also indicated that likely we would never go along the south bank, as there is a high concentration of homes there,
but that the north side was more logical because we already had public right-of-way.
When you talk about the offer you made, I think your portrayal is also inaccurate. The Indiana Code lays out procedures by which
governmental units can buy property. As the Mayor of the City, I believe we have a responsibility to follow the Indiana Law, it would
be irresponsible not to. The law suggests that we hire two independent appraisers, licensed by the State of Indiana , have them
perform appraisals, and make an offer based on the average of those two appraisals. That is what we did and that is where our
offer came from. There are not provisions in the law to allow me to absolve your household debt. We were unable to reach an
agreement, so we indicated that we would no longer pursue purchase of the property. We have articulated that on a number of
occasions, explained why, but you don’t seem satisfied.
You talk in your article about eminent domain. In Mishawaka , it has only ever been used as a last resort. Since I have been with
the City, 15 years, only once has the City of Mishawaka used eminent domain. That was for the acquisition of the liquor store at
Main/Jefferson for part of the Main Street Underpass Project. I believe in that case even, a settlement was reached prior to the
actual court hearing. We don’t like to be at odds with our citizens, we try very hard to work with them. We recognize that they have
made significant investments in the property they own. That being said, we also believe it is irresponsible to overpay for property,
as we are utilizing tax dollars for the purchase. Our track record speaks for itself, and I believe you would be hard pressed to find
one property owner that didn’t feel like they got a fair deal from the City of Mishawaka . Close to 100% of the properties we have
purchased came to an agreement, I believe that is a pretty good record.
I think you are pretty far off on your theories that we would randomly go into a neighborhood to build a ski-slope. Your perception
of our financial wherewithal is a little off base. These are difficult times for government units and we know that the pot of funds is
not unlimited. We are unable to fund all of our daily needs, let alone go in an ruin a well established neighborhood by buying it
all. As I have come to expect from you, you have a lot of far out conspiracy theories.
I am not sure why you still feel so threatened Jonathan. I have indicated, we are not going to purchase your property for the
riverwalk. I don’t know how much clearer I can get than that. Though we have desire to extend the Riverwalk east, we will seek
other alternatives as we understand from you that your property is not available. I will respect that.
"Jonathan, I do wish you luck in whatever it is you want to pursue. At the end of the day, I am very proud of how we do our
business here and the people we have here doing that business. We have been honest, up front, and frank. We haven’t played
any games. We have followed the law. We believe we have acted in the best interest of our taxpayers. Part of the beauty of this
country is you certainly have the right to disagree with that. I think however, given all of the facts, a lot of people with concur with
what I have said. It has been a great honor to serve in this position. It is a responsibility I take very seriously. Every day I try to do
my very best, and I ask the same of our employees."
Mayor Jeff Rea
City of Mishawaka
600 East Third Street, P.O. Box 363
Mishawaka, IN 46546-0363
(574)258-1601
(574)258-1776 fax
jrea@mishawakacity.com
Johnathan Responds:
Dear Jeff Rea,
My passion in this matter is great, to say the least. I was wrong about who took the property for the Hummer plant.
You were also wrong about some of the things the city has done. When you say you made us an offer that was an average of 2
appraisals, I believed a year ago it was to be $148,000. One of your appraisals was $148,000, and the other was $145,000. You
had one river comparison and that was the cheapest one you could find. With the interior of my home being new compared to
that one, it was also wildly inaccurate. It was an insult to me as a homeowner and a remodeler. This year I find that your offer was
only $118,000. This makes no sense. Do the math.
You are also mistaken to think I was asking for my personal debt to be taken care of. I was asking for the amount the bank and
credit union have agreed my home is worth, plus $5000 for relocation. Your confusion is probably in the fact that I disclosed to
you the remaining balance of my original mortgage, my home equity line of credit, and my third mortgage and expressed that I
want my equity and my intentions with my equity. A home equity line of credit is secured debt. Your misinterpretation is your
problem.
You guys have made us feel helpless through this ordeal. Be assured that when I oppose you in the 2011 mayoral race, I will be
more diligent with my facts. The city of Mishawaka may not have taken homes for the Hummer plant, but the government did. I’m
also aware that China is just buying the business and not the plant. It was the government’s desire for the building that
displaced all of those people.
Your telling us that you’re not interested at this time does not and will not forgive Ken Prince’s insistence that “it’s going to
happen.” You are merely camouflaging your future intentions. He also stated at the meeting that the property across from the
police station, on Race Street, was acquired and intended to be used for the parks system. A clear sign you intend to come down
the south side with the river walk. The property of the people on the north side of the river is just as important to them as that of
the south side. The fact that a road divides the river from the homes should not allow you to justify taking their property, even
though the city has egress rights.
You also have done nothing to protect our home from the “boom thugs” that still purposely shake our home with their stereos.
You instead discounted us behind the closed door while my wife and I were standing in the hall listening to you.
It is your failure to be a good judge of character that has caused you most of the issues with me. When I told you years ago that
Chris Brown and Phil Fick were going to lie to you, I think you discounted me and believed them anyway. I have not talked to one
police officer who served with Phil Fick who has any respect for him. He filed a false police report on me when I was merely
driving to work, claiming I got into a high-speed chase with him. I was told this by Jenny Zimmerman. I applaud that you have
replaced Phil with George; I believe I will keep George in his position. I like him. Chris Brown is just a miserable, power-hungry
woman with no respect or appreciation for the citizens who provide for her. My dealings with Lenny in the park were very
accurately portrayed in my letter to the parks system and you. You’ve chosen to believe that I have been dishonest with you. My
wife would confirm that you would be hard-pressed to find a more honest man than me.
I was taunted and threatened about that false police report by your beard, Jenny Zimmerman (this was the incident that you had
to write a letter of apology to me for). For almost 2 weeks they pushed me. When I said I wanted the ordinance to show my
attorney, she changed her story. I use the word “beard” because I believe she was being used by you to keep people from
questioning why you are single. I think your marital status or sexuality has nothing to do with your office, but you did allow her to
abuse her power. As a citizen and former leader in the Navy, I sorted these people out very quickly. I will not let this type of person
threaten the citizens of Mishawaka when I'm mayor. You should be disappointed in yourself that you have.
You continue to say I'm being a conspiracy theorist. I have merely stated facts.
Johnathan Smith
| Click Here for June/July's Front Page, "Childhood Unleashed" |
| Click Here "American Idle" |