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CLT UPDATE
Tuesday, November 29, 2016

Eminent domain again raises it vile head


Professional solicitors in 2015 collected more than $201 million from donors in Massachusetts, but only $82 million reached the charities favored by contributors, according to a new report.

On average, 41 cents of every dollar collected in 2015 by a professional solicitor was directed to the charity. That's up from the 38 cents average in 2015, Attorney General Maura Healey concluded in a report from her office....

Attorney General Maura Healey concluded . . . "On 'Giving Tuesday,' we want to remind people that while most charities are reputable and need our support, it is important to make informed decisions and understand how much of a donation will ultimately go to the charity and the mission it supports."

State House News Service
Tuesday, November 29, 2016
Charities get less than half of $$$ raised by pro solicitors


. . . In this bluest of blue states not everyone was upset by the results of the presidential election.

“Can you imagine how we’d be feeling right now if it had gone the other way?” Marblehead’s Chip Ford, executive director of Citizens for Limited Taxation, wrote his members. “Hopelessness would describe my disposition. America is fortunate in that when things look blackest we citizens in large enough number rise and make the necessary change that turns the darkening night into a new sunrise, another ‘Morning in America’ in the nick of time.”

The Salem News
Friday, November 18, 2016
Weekly column
By Nelson Benton


Hundreds of legislative staffers are slated to receive a 6 percent pay hike — at a cost of $1.3 million — in a move that comes as a still-unknown number of state employees are seeking buyouts and as potential layoffs loom ahead.

House Speaker Robert A. DeLeo’s office announced the pay raises on Thanksgiving eve, awarding 468 House employees what his office described as “cost of living” increases. They follow nearly two years to the day the last time his office unveiled pay bumps, and, DeLeo’s office said, will be covered by existing resources in the House’s $40.2 million budget.

But they come amid a backdrop of financial uncertainty for Gov. Charlie Baker and state government. Baker’s budget office has said the state is facing a $294 million budget deficit, and earlier this month, it wrapped a monthlong program in which it offered buyouts — with incentives of $5,000 or $15,000 — to tens of thousands executive branch employees....

“Considering they’ve got a budget shortfall and they’re crying about, ‘Where are we going to get the money,’ to come out with a 6 percent raise is just not right in this climate,” said Chip Faulkner of the Citizens for Limited Taxation.

The Boston Herald
Thursday, November 24, 2016
Legislative staffers to get raise as state worker layoffs loom
Some to get pay hike, others to take a hike


Nobody moves to Carver, Mass., for its urban flair. The town is rural and quiet, thickly wooded with pine and cedar — the sort of place people move to when they have a hankering to raise chickens, grow vegetables, and luxuriate amid an abundance of open space....

If town officials get their way, however, a great swath of rural Carver will be designated an “urban renewal area,” and turned over to a private entrepreneur with plans to build a giant complex of warehouse and industrial-distribution facilities....

Like most towns, Carver wants to expand its tax base and promote new growth; not surprisingly, local officials couldn’t be happier that a private developer wants to turn the old Whitworth Property into a valuable commercial asset. Homeowners living next to the property would be happy too — if that were all the developer had in mind.

But Route 44 Development’s ambitions extend far beyond the borders of the Whitworth Property. With the active support of town officials, it intends to construct a 1.1 million-square-foot distribution center and two warehouses totaling nearly 800,000 square feet, swallowing up the land of numerous neighbors in the process. And if those neighbors don’t want to leave? The developer is counting on the town to force them out, by seizing their property through eminent domain and turning it over to Route 44 Development.

Long before Carver residents had any hint of this, town officials and the developer were planning it in secret....

Two owners have already thrown in the towel. Once their homes showed up on an “urban renewal” acquisition list, they decided to sell and spare themselves the misery of trying to fight a developer backed by Town Hall. But some neighbors don’t want to go anywhere....

At best, eminent domain is an unfortunate necessity — a last resort when land is needed for a public purpose, such as building a new school or a highway. But when government takes private property in order to benefit a private developer, or when it threatens to do so, it abuses its power and betrays the citizens it is supposed to represent.

Eminent-domain abuse, sadly, isn’t new. In its execrable Kelo decision, the Supreme Court left it up to states to protect individuals from having their property condemned at the behest of an influential private developer. Numerous states promptly enacted robust new protections for private property rights.

But not Massachusetts. Here homeowners remain at the mercy of large developers, and find themselves blindsided by government officials so tempted by “considerable real estate tax revenue” that they’re willing to drive people from their homes to get it.

The Boston Globe
Sunday, November 20, 2016
Eminent-domain abuse rears its menacing head in Plymouth County
By Jeff Jacoby


Chip Ford's CLT Commentary

The state Attorney General today reported:  "On average, 41 cents of every dollar collected in 2015 by a professional solicitor was directed to the charity."  If CLT depended on professional solicitors, had to hand over 59 cents of every dollar that was contributed to it, CLT would have been out-of-business decades ago!
 
We do all our fundraising personally, hands-on I know because I do it all, from designing the mailing to hand-delivering it to the printer, to arranging its mailing out to you.  I've been doing this since the mid-90s when my old organization, Freedom First, merged with CLT.  Ever since, every cent after production and mailing costs stays with CLT.  It's how we've managed to survive for so long.  Fundraising can't be any more efficient or frugal.
 
Our end-of-the-year fundraising package is in the mail right now.  We sure hope you'll consider a contribution to help keep CLT fighting for you through the year and into the next.  You can click here to make a contribution online right now.
 

Jeff Jacoby's column on eminent domain is horrifying.  The thought that government in collusion with private corporate interests can just walk in and simply take your home so that it can increase its property tax base is stunning.

CLT has been sponsoring and/or pushing for legislation to prevent this travesty ever since the U.S. Supreme Court's "Kelo" decision in 2005.

Barbara wrote a series of columns deploring the Supreme Court's decision in the spring of 2005.  In the first of two parts, on June 29, 2005 she wrote ("Court's decision a cruel blow to the American dream"):

A classic confrontation is about to occupy center stage in the political arena: Big Government and Big Business, the worst possible combination, against the flag and the rest of us. I fear that Big Labor leaders will join the other two giant institutions, wanting the temporary jobs that the development projects can provide. But I predict that most working people, who value their property rights, will break ranks.

She followed up on July 7, 2005 in her next column ("Activist voters are needed to reverse faulty decision"):

Politicians of Fall River and middle-class homeowners everywhere: unite against the recent Supreme Court decision that invalidates Americans’ property rights.

What can we do?

With the resignation of Justice Sandra Day O’Connor, and the expected retirement of Chief Justice William Rehnquist, the first move should be to support replacement justices who would vote for property rights as they did. Then at the first opportunity, one of the liberals on the court should be replaced with someone who also respects property rights, and the decision can be reversed....

Americans across the political landscape were appalled by the Kelo decision, which wipes out almost 500 years of common law and could show up on their own doorstep in the form of a government taking for “higher public use.” Expect a coalition of right/center/left activists at the state level to support legislation to save our mini-castles, and plan to support them by letting your legislators, both federal and state, know how you feel.

CLT filed bills in the next legislative session to protect property owners from such un-American government/corporate abuse, but they've gone nowhere here in the People's Republic.  The latest bills filed during the current/past session — Senate 55 and Senate 890 — again have been ignored, relegated to the "study" black hole as usual.
 
Leave it to the Massachusetts Legislature to be one of only six states to ignore this critical abridgment of our rights — concerned more with unisex bathrooms and safe spaces.  In the first two years following the Kelo decision, the Castle Coalition reported, "44 states have passed new laws aimed at curbing the abuse of eminent domain for private use."  Massachusetts is still one of the six that hasn't bothered, hasn't considered property rights significant enough to protect. (The other five are New York, New Jersey, Oklahoma, Arkansas, and Hawaii.)
 
In her second column on the topic Barbara has the ultimate solution:  "[A]t the first opportunity, one of the liberals on the court should be replaced with someone who also respects property rights, and the decision can be reversed."  Apparently here in the People's Republic of Taxachusetts this is our only hope for relief.
 
I wish she was around to see what President Trump's imminent nominee to the U.S. Supreme Court and those who follow do to finally turn around this travesty.
 

Chip Ford
Executive Director


 
State House News Service
Tuesday, November 29, 2016

Charities get less than half of $$$ raised by pro solicitors
By Michael P. Norton


Professional solicitors in 2015 collected more than $201 million from donors in Massachusetts, but only $82 million reached the charities favored by contributors, according to a new report.

On average, 41 cents of every dollar collected in 2015 by a professional solicitor was directed to the charity. That's up from the 38 cents average in 2015, Attorney General Maura Healey concluded in a report from her office.

The $201 million total reflects funds raised by the 69 conventional solicitors registered in Massachusetts and through the 776 fundraising campaigns they reported to the attorney general's charities division.

Healey advised donors to make direct contributions to charitable organizations. When contacted by professional solicitor, potential donors should consider whether the caller is a volunteer or professional fundraiser, find out how much of every dollar donated will go to charity, and confirm the charity's name and the services it offers.

"Massachusetts has an incredible tradition of charitable giving and we strongly encourage people to give wisely to nonprofit organizations that help people and strengthen communities across the state," the attorney general said in a statement accompanying her report. "On 'Giving Tuesday,' we want to remind people that while most charities are reputable and need our support, it is important to make informed decisions and understand how much of a donation will ultimately go to the charity and the mission it supports."
 

The Boston Herald
Thursday, November 24, 2016

Legislative staffers to get raise as state worker layoffs loom
Some to get pay hike, others to take a hike
By Matt Stout


Hundreds of legislative staffers are slated to receive a 6 percent pay hike — at a cost of $1.3 million — in a move that comes as a still-unknown number of state employees are seeking buyouts and as potential layoffs loom ahead.

House Speaker Robert A. DeLeo’s office announced the pay raises on Thanksgiving eve, awarding 468 House employees what his office described as “cost of living” increases. They follow nearly two years to the day the last time his office unveiled pay bumps, and, DeLeo’s office said, will be covered by existing resources in the House’s $40.2 million budget.

But they come amid a backdrop of financial uncertainty for Gov. Charlie Baker and state government. Baker’s budget office has said the state is facing a $294 million budget deficit, and earlier this month, it wrapped a monthlong program in which it offered buyouts — with incentives of $5,000 or $15,000 — to tens of thousands executive branch employees.

The Baker administration has yet to say how many applied 10 days after the program closed. Dominick Ianno, a spokesman for budget chief Kristen Lepore, said yesterday that state agencies were still “reviewing and processing applications.”

Lepore has previously said that officials hoped to save $25 million through the buyouts, with the warning that they could move to further “reduce the workforce” if that’s not met.

Asked about the House pay raises yesterday, Baker’s office declined to comment.

But the timing baffled fiscal watchdogs.

“Considering they’ve got a budget shortfall and they’re crying about, ‘Where are we going to get the money,’ to come out with a 6 percent raise is just not right in this climate,” said Chip Faulkner of the Citizens for Limited Taxation.

Paul Craney of the conservative nonprofit Mass Fiscal Alliance jokingly chalked it up to tryptophan — the drowiness-inducing amino acid in turkey — making legislative leaders “delirious.”

“Pay raises should only be considered after spending, taxes and regulations have gone down,” Craney said.

Noah Berger, president of the left-leaning Massachusetts Budget and Policy Center, said he felt the House raises were “reasonable,” and matched what he’s seen in the private sector.

“Paying people a reasonable salary is important to attract good people to do important work,” he said.

In the Senate, individual senators are left to consider pay raises for their own staff. It wasn’t immediately clear which offices were preparing to boost pay.

Pete Wilson, a spokesman for state Senate President Stanley C. Rosenberg, said that “no decisions have been in our office yet.” Aides in the office of state Sen. Bruce Tarr, the minority leader, did not respond to questions about the Gloucester Republican’s plans.


The Boston Globe
Sunday, November 20, 2016

Eminent-domain abuse rears its menacing head in Plymouth County
By Jeff Jacoby


Nobody moves to Carver, Mass., for its urban flair. The town is rural and quiet, thickly wooded with pine and cedar — the sort of place people move to when they have a hankering to raise chickens, grow vegetables, and luxuriate amid an abundance of open space.

It’s also about as wet a place as you can find in Massachusetts. Half the town consists of wetland, much of it in the form of cranberry bogs. The cranberry industry has always been a Carver mainstay; in the 1940s, the town produced more of the tart little fruits than any other place on earth. Carver’s appeal is more diversified today — visitors flock to the town for the train rides at the Edaville amusement park and the Renaissance-themed King Richard’s Faire — but at heart, Carver is still cranberry country.

If town officials get their way, however, a great swath of rural Carver will be designated an “urban renewal area,” and turned over to a private entrepreneur with plans to build a giant complex of warehouse and industrial-distribution facilities. The entrepreneur — a Boston-based company called Route 44 Development LLC — already owns a large piece of land in the area: a 127-acre parcel, known as the Whitworth Property, that has lain unused since a sand-and-gravel mining operation shut down in 2000. The parcel isn’t much to look at; in a report last month, the Carver Redevelopment Authority described it as being littered with “debris, stumps and other materials, building slabs . . . generally unkempt and unsightly.”

Like most towns, Carver wants to expand its tax base and promote new growth; not surprisingly, local officials couldn’t be happier that a private developer wants to turn the old Whitworth Property into a valuable commercial asset. Homeowners living next to the property would be happy too — if that were all the developer had in mind.

But Route 44 Development’s ambitions extend far beyond the borders of the Whitworth Property. With the active support of town officials, it intends to construct a 1.1 million-square-foot distribution center and two warehouses totaling nearly 800,000 square feet, swallowing up the land of numerous neighbors in the process. And if those neighbors don’t want to leave? The developer is counting on the town to force them out, by seizing their property through eminent domain and turning it over to Route 44 Development.

Long before Carver residents had any hint of this, town officials and the developer were planning it in secret.

In a confidential letter to Carver’s board of selectmen dated Jan. 20, 2015, the developer — who describes himself as a specialist in “eminent-domain cases” — wrote that his company had bought the Whitworth Property in order to build a large commercial facility on it, but understood that it wouldn’t be possible to secure the needed state environmental approvals without acquiring the surrounding properties. He urged the town to make that happen through an “urban renewal” designation covering the whole area, and dangled the irresistible bait: “considerable real estate tax revenues.” Carver’s selectmen, meeting behind closed doors the same day, were keenly interested. “They need the Town to step in to help the development,” the notes of their executive session read, “since all surrounding property is privately owned.” (The letter and the notes were uncovered after a local homeowner filed an open records request.)

Town officials energetically set about putting the proposal in motion. But it was more than a year before residents learned of the peril to their property. In February 2016, a Carver official told the local paper that Town Hall would “plan to begin reaching out” to homeowners in mid-March. In fact, it wasn’t until April — more than 14 months after Route 44 Development and the Carver selectmen were already making plans — that neighbors found out they could lose their homes.

Two owners have already thrown in the towel. Once their homes showed up on an “urban renewal” acquisition list, they decided to sell and spare themselves the misery of trying to fight a developer backed by Town Hall. But some neighbors don’t want to go anywhere. Karen and Bruce Tuscher have lived in their home on Montello Street for almost four decades. Karen’s father and grandfather owned the property before she did, and after Bruce got out of the Navy, he and Karen settled in to raise a family — which, in classic Carver fashion, included not just their daughter, but a whole menagerie: a pig, a Welsh pony, lambs, goats, and chickens.

The threat of losing their home to eminent domain would come as a shock to anyone, but in the Tuschers’ case it is compounded by the fact that Bruce has multiple myeloma, a rare form of blood cancer. In July, as the couple was coming under pressure to sell out to the developer, Bruce was in the hospital, undergoing bone marrow replacement and chemotherapy.

“We would love to live in the home where we have been for 37 years,” Karen told Carver’s redevelopment authority. “We are not opposed to a business at the 127-acre parcel. We have seen many businesses on that land. My husband and I worked for one of them several years ago.”

At best, eminent domain is an unfortunate necessity — a last resort when land is needed for a public purpose, such as building a new school or a highway. But when government takes private property in order to benefit a private developer, or when it threatens to do so, it abuses its power and betrays the citizens it is supposed to represent.

Eminent-domain abuse, sadly, isn’t new. In its execrable Kelo decision, the Supreme Court left it up to states to protect individuals from having their property condemned at the behest of an influential private developer. Numerous states promptly enacted robust new protections for private property rights.

But not Massachusetts. Here homeowners remain at the mercy of large developers, and find themselves blindsided by government officials so tempted by “considerable real estate tax revenue” that they’re willing to drive people from their homes to get it.

 

NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml


Citizens for Limited Taxation    PO Box 1147    Marblehead, MA 01945    508-915-3665

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