Friends:
Congratulations! First and foremost, I want to thank you for your commitment to helping save the Lincoln Square businesses from eminent domain for private development. It is because of the incredible outpouring of support from community members like you that Alderman Schulter has introduced a substitute ordinance, removing most of the Lincoln Square businesses from the "involuntary acquisition" list. This means that Chicago Soccer, The Dental Corner and Decorium Furniture can't be condemned for a private developer if the owners don't sell.
For now.
As you may suspect, the fight is not over. Five parcels of property, including the Walgreens corner, still remain subject to eminent domain. This sets a troubling precedent for the 227-acre Western Avenue North Tax Increment Financing District, as well as for property owners in the over 150 TIF districts across Chicago. If we allow the city to condemn that corner for private development, there is nothing stopping them from coming back at a later date and condemning Chicago Soccer, The Dental Corner, Decorium Furniture, or any property in the greater TIF area - nothing stopping them except for you.
While this initial victory is a huge step in the right direction, it is essential that we continue to pressure Alderman Schulter and the City Council to completely remove eminent domain from this substitute ordinance. Save Lincoln Square is a force to be reckoned with, and the city needs to know that we will not rest until property owners across Chicago are safe from eminent domain for private gain.
Substitute Ordinance: This Thursday, January 3, 2008, the Committee on Housing and Real Estate will vote on the new ordinance, which I have pasted below this e-mail. We encourage you to attend and voice your opposition to the authorization of eminent domain against any business or home for private development.
Committee on Housing and Real Estate
Thursday, January 3, 2008 @ 11am City Hall
121 N. La Salle Street
Chicago, IL 60602
Room 201-A
If this ordinance passes out of committee, it may go before the full council at its next meeting on Wednesday, January 9, at 10am.
If you can't attend, please contact your alderman and Alderman Schulter and tell them both that you oppose the use of eminent domain for private development against any properties in the Western Avenue North TIF. Alderman Schulter and the City Council think the battle is over. Far from it. We need to let them know that we will not tolerate this abuse of power in Chicago.
Alderman Gene Schulter
ward47@cityofchicago.org
773-348-8400
773-348-8480 (fax)
You can find
your alderman's contact information here:
If you would like to pass out flyers about this hearing, please respond to this e-mail and I will send you a PDF.
Committees: As we discussed earlier this month, we are establishing committees to support the Lincoln Square business owners' efforts to keep their properties off the chopping block and to prevent future abuses of eminent domain in Chicago. Below are some of those committees. If you are interested in volunteering, please respond to this e-mail with how you would like to help and I will be in touch with you over the next week with further details.
- Fundraising
- Advertising
- Events
- Council Watch (monitors City Council action)
- Outreach (reaches out to other individuals and groups in community and across the city)
If you don't have time to volunteer, you can donate to Save Lincoln Square by advertising your business on their flyers or website, contributing free services to events and passing out flyers at your store. The opportunities are endless, and no amount of assistance is too small!
As always, please don't hesitate to contact me or Imre Hidvegi of Chicago Soccer (ihidvegi@chicagosoccer.net) if you have any questions, and remember to visit www.SaveLincolnSquare.com.
Thank you and Happy New Year!
Best,
Christina Walsh
Castle Coalition Coordinator
Institute for Justice
901 N. Glebe Road, Suite 900
Arlington, VA 22203
(703) 682-9320
ij.orgCastle Coalition12/10/07 Preliminary Draft
SUBSTITUTE
ORDINANCE WHEREAS, the City of Chicago (“City”) is a home rule unit of government by virtue of the provisions of the Constitution of the State of Illinois of 1970, and as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, pursuant to an ordinance adopted by the City Council ("City Council") of the City of Chicago (the "City") on January 12, 2000 and published at pages 22394-22494 of the Journal of the Proceedings of the City Council (the "Journal") of such date, a certain redevelopment plan and project (the "Plan") for the Western Avenue North Tax Increment Financing Redevelopment Project Area, (the "Area") was approved pursuant to the Illinois Tax Increment Allocation Redevelopment Act, as amended (currently codified at 65 ILCS 5/11-74.4-1 et seq.) (the “Act”); and
WHEREAS, pursuant to an ordinance adopted by the City Council on January 12, 2000, and published at pages 22495-22508 of the Journal of such date, the Area was designated as a “conservation area” redevelopment project area pursuant to the Act; and
WHEREAS, pursuant to an ordinance adopted by the City Council on January 12, 2000 and published at pages 22507 and 22509-22522 of the Journal of such date, tax increment allocation financing was adopted pursuant to the Act as a means of financing certain Area redevelopment project costs (as defined in the Act) incurred pursuant to the Plan; and
WHEREAS, the Plan and the use of tax increment financing provide a mechanism to support new growth through leveraging private investment, and helping to finance land acquisition, demolition, remediation, site preparation and infrastructure for new development in the Area; and
WHEREAS, the Department of Planning and Development (“DPD”) has determined that it is necessary to acquire the parcels of property located in the Area listed on Exhibit A to this ordinance (the “Acquisition Parcels”), in order to achieve the goals and objectives of the Plan, including, without limitation: facilitating the assembly, preparation and marketing of sites; assisting private developers in assembling sites suitable for modern development needs; and encouraging the development of appropriate uses along the North Lincoln Avenue and North Western Avenue corridors; and
WHEREAS, the City shall only acquire Parcels 1 through 11 of the Acquisition Parcels (the “Voluntary Acquisition Parcels”) if it can do so through a voluntary, negotiated acquisition of such parcels; and
WHEREAS, the City shall also seek to acquire Parcels 12 through 16 of the Acquisition Parcels (the “Involuntary Acquisition Parcels”) through a voluntary, negotiated acquisition of such parcels, but, if such voluntary transaction cannot be consummated, shall also have the authority to exercise its power of eminent domain as to such Involuntary Acquisition Parcels; and
WHEREAS, by Resolution No. 07-CDC-79, adopted by the Community Development Commission of the City of Chicago (“Commission”) on September 11, 2007, the Commission recommended the acquisition of the Acquisition Parcels; and
WHEREAS, the City Council finds such acquisitions to be for the same purposes as those set forth in Divisions 74.2 and 74.4 of the Illinois Municipal Code;
WHEREAS, the City Council further finds that such acquisition and exercise of power of eminent domain as to the Involuntary Acquisition Parcels shall be in furtherance of the Plan, which was first adopted in 2000 in accordance with the Act, as recited above, and was in existence prior to April 15, 2006; and
WHEREAS, the City Council further finds that prior to April 15, 2006, the Plan included an estimated $9,000,000 in property assembly costs as a budget line item in Table 2 to the Plan, and also described property assembly as a part of the redevelopment project for the Area, including in Section 1 (Executive Summary) and Section 4 (Redevelopment Project and Plan); and
WHEREAS, the City Council further finds that the
Involuntary Acquisition Parcels were included in the Area prior to April 15, 2006, that there has been no extension in the completion date of the Plan and that the
Involuntary Acquisition Parcels are not located in an industrial park conservation area; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: SECTION 1. The foregoing recitals are hereby adopted as the findings of the City Council.
SECTION 2. It is hereby determined and declared that it is useful, desirable and necessary for the City of Chicago to acquire the Acquisition Parcels for public purpose and for purposes of furthering the objectives of the Plan, and DPD is hereby authorized to acquire and accept such Acquisition Parcels on the City’s behalf.
SECTION 3. The Corporation Counsel is authorized to negotiate with the owner(s) for the purchase of the Acquisition Parcels. If the Corporation Counsel and the owner(s) are able to
mutually agree on the terms of the purchase, the Corporation Counsel is authorized to purchase the Acquisition Parcels on behalf of the City for the
mutually agreed price
and terms of purchase. If the Corporation Counsel is unable to agree(s) with the owner(s) of the Voluntary Acquisition Parcels on the terms of the purchase, then the City shall not have the authority to institute and prosecute eminent domain proceedings on behalf of the City for the purposes of acquiring fee simple title to the Voluntary Acquisition Parcels; any purchase of such Voluntary Aquisition Parcels must be voluntary and on mutually acceptable terms. If the Corporation Counsel is unable to agree with the owner(s) of the
Involuntary Acquisition Parcels on the terms of the purchase, or if the owner(s) is or are incapable of entering into such a transaction with the City, or if the owner(s) cannot be located, then the Corporation Counsel is authorized to institute and prosecute condemnation proceedings on behalf of the City for the purpose of acquiring fee simple title to the
Involunary Acquisition Parcels under the City’s power of eminent domain. Such acquisition efforts shall commence with respect to
the all Acquisition Parcels within four years of the date of the publication of this ordinance as to the Acquisition Parcels, which are improved parcels. Commencement shall be deemed to have occurred within such period upon the City’s delivery of an offer letter to the owner(s) of the Acquisition Parcels.
SECTION 4. The Commissioner of the Department of Planning and Development is authorized to execute such further documents as may be necessary to implement the provisions of this ordinance, subject to the approval of the Corporation Counsel.
SECTION 5. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any of the other provisions of this ordinance.
SECTION 6. All ordinances, resolutions, motions or orders in conflict with this ordinance are hereby repealed to the extent of such conflict.
SECTION 7. This ordinance shall be effective upon its passage and approval.