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March 8, 2007: On March 3rd, the City of New London, Connecticut and the
quasi-public New London Development Corporation (NLDC) finally
did what they've been hot to do since 1998. Bulldoze the family
home of Michael Cristofaro.
Along with Susette Kelo, Michael Cristofaro was among the six
people who in 2004 petitioned the U.S. Supreme Court to stop New
London from using eminent domain to take their properties in the
blue collar neighborhood of Fort Trumbull. Eminent domain is
government's constitutional right to seize private property (if
fair recompense is paid) in the name of "public use". Traditional
public uses include roads and bridges. New London's planned
public use was a private development project; an upscale
residential and commercial complex that would better enhance the
adjoining facilities of Pfizer Pharmaceutical and pump more taxes
into the city budget. Promoters of the plan trumpeted the
projected tax bennies but kept the Pfizer angle on the down low.
While New London's municipal government and its representative
the NLDC were front line in the attack on Fort Trumbull, the
strategy of redevelopment by land grab was hatched and financed
at state levels. Primarily by Connecticut's Department of
Economic and Community Development (DECD) an agency partly
dependent on federal funding. Pfizer, a prime corporate player
in Connecticut, was also in on the extreme urban planning.
Meanwhile, at the NLDC office, an aerial photo of Fort Trumbull
made it clear the neighborhood was targeted for death from above.
In June 2005, in a 5-4 decision on Kelo v. the City of New
London, the Supreme Court let New London's curious idea of
public use stand. Wrangling continued between the state, city and
Fort Trumbull resistors for another year. The national outcry
over the decision made those representing The State (in the broad
sense) wary of a full throttle eviction. But the inevitable
denouement loomed. Eventually the resistors accepted buyouts.
Delivered by the city and NLDC. Paid for by taxpayers, not Pfizer
or the private developer of the Fort Trumbull project. Some said
the settlements were outsize and that by holding out the
resistors got a better deal. If so, kudos. They started sans
bargaining chips, outweighed by the monumental power of
government. For 8 long years they fought their way to a degree
of victory, though not to the end they desired. In the process
their resistance disproved the theory that eminent domain is a
cheap path to urban revitalization and raised national awareness
of the erosion of property rights in the name of economic
development.
Several settlements involved more than money. Susette Kelo's
cottage was not to be destroyed but moved to another location.
Michael Cristofaro was promised that the plantings on his
family's property would be safely removed. Michael's parents had
lived in the house for decades. The trees and shrubs surrounding
their home had been planted with love.
On March 3rd, Michael Cristofaro stood and watched as his
parents' home was destroyed. Susette Kelo and Kathleen Mitchell
stood with him. (Mitchell, a New London resident, is doyenne of
the local activist website CT/RSVP.) It was a raw and rainy day.
Heavy equipment tore into the building. Trees and shrubs had not
been removed. After the Cristofaro house was demolished, the
building next door went down. NLDC Project Manager John Brooks
was on the scene. At one point a rat ran from the rubble and
across his feet. Michael Cristofaro zinged out "rats find other rats".
When later asked by a reporter from the New London Day about
the trees and shrubs on what used-to-be the Cristofaro property,
NLDC president Michael Joplin served up the usual cheese. Making
like the mayor of Excuses Village. Connecticut state government
continues to do likewise re eminent domain reform. Thirty four
other states have passed reforms addressing eminent domain
abuse. Some even have teeth. But in the Nutmeg State, where the
battle of Fort Trumbull started it all, the state legislature is
still passing a platter of nada. Though Governor Jodi Rell is
pushing a reform lite proposal. A far better proposal can be
found at Connecticut Local Politics. Advocating the creation of
"a State Board of Eminent Domain made up entirely of people who
lost their homes in Fort Trumbull".
Speaking of reform, on March 5th Chinese Premier Wen Jiabao
promised that change is coming to the People's Republic. Where
protests, demonstrations and overall social unrest have become a
constant, and the growing gap between rich and poor is feared to
be threatening the ruling party's hold on power. In a speech to
the national legislature at the opening of their annual session,
Wen said hot button issues will be addressed. On the list are
corruption and development related land seizures from peasants
and farmers. The latter problem may prove particularly dicey
since China doesn't have the kind of property rights we do.
Carola Von Hoffmannstahl-Solomonoff
Sources include but are not limited to:
"Property reform ignores Chinese farmers," Richard McGregor,
Financial Times, 03/08/07
"Chinese leader vows to tackle social problems," Christopher
Bodeen, Associated Press, 03/05/07
"This is Totally Wrong," Elaine Stoll, New London Day, 03/03/07
"Demolition Starts at Ft. Trumbull homes," Tina Detelj, New
London-WTNH, 03/01/07
"A House Divided: A Story About Eminent Domain," Cindy Anderson,
Yankee Magazine, January/February 2007
Correspondence from Michael Cristofaro & Kathleen Mitchell
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