CRAVER'S COMMENTS

October 2005

IN THIS ISSUE

·         DEFINING “THE PUBLIC GOOD”

·         LOOK WHO’S RUNNING

·         TIDBITS

               

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THINGS TO BE PROUD OF

IT APPEARS TO BE DUKE’S TURN THIS YEAR IN BASKETBALL.  AFTER WATCHING UNC WIN THE TITLE LAST YEAR, DUKE OPENS THE YEAR RANKED NUMBER ONE IN ALMOST EVERY PRE-SEASON POLL.  THAT GOES FOR THE WOMEN’S TEAM AS WELL.

DID YOU KNOW?

THE NASHER MUSEUM OF ART IS NOW OPEN ON THE DUKE CAMPUS.  FEW THINGS IN LIFE START OFF AS “WORLD CLASS” BUT THIS IS  ONE OF THEM.  WITH A CAFÉ INSIDE, YOU CAN SPEND THE DAY OBSERVING WORKS BY PICASSO AND OTHER FAMOUS CONTEMPORARY ARTISTS.  

DEFINING “THE PUBLIC GOOD”

      BACK IN THE SUMMER I WAS LISTENING TO THE RADIO IN MY CAR WHEN THE NEWS CAST OPENED WITH A STARTLING ANNOUNCEMENT.  THE UNITED STATES SUPREME COURT HAD JUST HANDED DOWN A 5 TO 4 DECISION EFFECTIVELY SAYING THE STATE AND LOCAL GOVERNMENTS HAD THE RIGHT TO TAKE PRIVATE PROPERTY BY EMINENT DOMAIN FOR THE PURPOSE OF CONVERTING IT TO “PROFIT MAKING PRIVATE RE DEVELOPMENT”.  IN THE PAST THE NEED FOR THE GOVERNMENT TO SEIZE PRIVATE PROPERTY HAS BEEN LIMITED TO USES LIKE HIGHWAYS, SCHOOLS, AND PARKS.  WOW!!  MY FIRST REACTION WAS THAT BIG BUSINESS HAS PULLED OFF A DOOZY THIS TIME.  THEN THE NEWSCAST WENT ON TO EXPLAIN THAT THE JUSTICES THAT SUPPORTED THIS RULING WERE THE ONES WE COMMONLY REFER TO AS “LEFT OR LIBERAL” JUSTICES.

     NOW, STOP RIGHT HERE AND PUT YOUR POLITICS ASIDE, BECAUSE I HAVE YET TO TALK TO ANY OF MY “LIBERAL” OR “CONSERVATIVE” FRIENDS THAT THINKS THAT THIS DECISION IS A GOOD IDEA.  THE CASE IN POINT ENVOLVED A RUN DOWN SECTION OF NEW LONDON, CONNECTICUT WHICH THE  TOWN LEADERS HAD DESIGNATED FOR  RE-DEVELOPMENT.   ALONG CAME A BIG COMPANY WILLING TO SPRING FOR A LARGE COMMERCIAL VENTURE THAT WOULD GREATLY INCREASE THE TAX BASE OF THE COMMUNITY.  BECAUSE SOME OF ITS CITIZENS REFUSED TO SELL, THE TOWN COUNCIL USED EMINENT DOMAIN TO CONDEMN THE PROPERTY.  WHAT THE COURT SAID IS THAT   TAKING PRIVATE LAND AND CONVERTING IT TO A HIGHER TAX BASE FITS THEIR DEFINITION OF “THE PUBLIC GOOD”.  

      NOW, IF YOU JUST SAID TO YOURSELF THAT THE WHOLE TOWN BENEFITED, THEREFORE IT WAS “OK”, WHAT WOULD YOU THINK IF IT HAD BEEN YOUR PROPERTY?  WE ALL LIVE UNDER THE THREAT OF THE FREEWAY COMING THROUGH OUR HOUSE  (OR EVEN WORSE, OUR NEIGHBOR’S HOUSE),  BUT THOSE LINES HAVE BEEN WELL-DEFINED FOR DECADES.  EXPANDING EMINENT DOMAIN TO INCLUDE THE TAKING OF PRIVATE PROPERTY FOR COMMERCIAL USE JUST TO FATTEN THE TAX COFFERS GOES AGAINST ONE OF THE FOUNDING PRINCIPLES OF THE COUNTRY---PRIVATE PROPERTY RIGHTS.

     ONE OF THE BASIC COVENANTS FOR A REALTOR  IS TO PROTECT YOUR PRIVATE PROPERTY RIGHTS. WHEN YOU BUY YOUR HOUSE OR SECOND HOME OR INVESTMENT PROPERTY, YOU WANT TO BE CERTAIN THAT YOU CONTROL ITS FUTURE, NOT THE GOVERNMENT.  THE POTENTIAL FOR ABUSE OF THIS TYPE OF USE OF “EMINENT DOMAIN”  STAGGERS THE MIND.  NONE OF US WOULD BE SAFE FROM SOME INVESTOR’S GREEDY OUTREACHING HAND.

      WHAT CAN BE DONE ABOUT IT?  WE HAVE NO CONTROL OVER THE SUPREME COURT, YOU SAY?  NOT EXACTLY!!  THE TONE FOR APPOINTMENTS FOR THE SUPREME COURT IS SET AT THE GRASS ROOTS LEVEL.  IF PRESERVING YOUR RIGHT TO CONTROL THE FUTURE OF THE INVESTMENT YOU MADE IN YOUR PROPERTY IS IMPORTANT TO YOU, THEN MAKE YOURSELF HEARD.

LOOK WHO’S RUNNING

 

     I WAS TOLD BY MY DAD EARLY IN MY CAREER  NEVER TO DISCUSS RELIGION OR POLITICS WITH YOUR CLIENTS.  I WASN’T ALWAYS LISTENING.  HERE IS A RELATED POLITICAL STORY.  THOSE OF YOU WHO REGULARLY READ THIS NEWSLETTER KNOW THAT I DO MY BEST TO SAY GOOD THINGS ABOUT DURHAM, CHAPEL HILL, AND THE ENTIRE TRIANGLE.  THE GOOD PEOPLE OF DURHAM MADE THEIR DESIRE  FOR  PROPER DECORUM AT SCHOOL BOARD MEETINGS WELL KNOWN.   GREAT PROGRESS IS BEING MADE IN THAT AREA.

      THEN ALONG COMES A VERY INTERESTING STORY IN THE NEWSPAPERS POINTING OUT THAT OF THE SEVENTEEN CANDIDATES RUNNING FOR CITY COUNCIL AND MAYOR IN DURHAM, EIGHT HAD CRIMINAL CONVICTIONS ON THEIR RECORD. THIS GOES BACK TO THE GRASS ROOTS COMMENT IN THE PREVIOUS ARTICLE.  THERE ARE SOME FINE FOLKS IN THAT GROUP RUNNING FOR  OFFICE BUT SURELY WE CAN COME UP WITH A BETTER OVERALL REPRESENTATION OF THE COMMUNITY.

      IF YOU LOOK AT HOW THE PRESS TREATS POLITICIANS THESE DAYS, IT IS A WONDER WE GET ANYONE TO RUN ON EITHER SIDE OF THE POLITICAL SPECTRUM.

 

TIDBITS

 

·         THE  STREETS OF SOUTHPOINT MALL IS NOW THE HOME OF ANOTHER FAMOUS RESTAURANT—THE CHEESECAKE FACTORY.

·         ANOTHER SUPER TARGET HAS OPENED IN DURHAM AT THE STREETS OF SOUTHPOINT.  WHAT IS SO AMAZING ABOUT THIS IS THAT THE ONE AT SOUTH SQAURE, JUST THREE MILES AWAY, WAS THE SEVENTH LARGEST GROSSING SUPER TARGET IN THE NATION LAST YEAR.