JPF Home Page Forums General Messages General Message Forum Eminent Domain rears is ugly head on Music Row!

Hi Folks,

I decided to post this early on my blog since I have time right now to do so and I also wanted to post it here on the general boards. This type of thing really pisses me off like no other. It's the ultimate sleazy power grab of the big guy against the little guy. And the big guy in this case is the biggest of them all, US.. as in the Government. In most government controversies, you get a rought 50/50 split of the people, usually falling to the left and the right.. but in this one thing, eminent domain, there's rarely the partisan cry.. it should piss off both sides equally.

Thanks to Marla Sitten for bringing this issue to my attention.. read this and see if you're pissed like me.
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Music Row Icon Joy Ford Is In the Fight of Her Life

Joy Ford and her late husband Sherman Ford along with her children Carroll, Hope, and Micky have been music publishers and Independent Record Label Executives (Country International Records) for more than 30 years. They have nurtured, helped and launched more talent in Nashville than any other independent company that I know of. The Ford’s have been involved with the personal lives of such greats as Johnny and June Carter Cash, Waylon Jennings, Willie Nelson, The Oak Ridge Boys, Bill Monroe, David Frizell, Trick Pony, Tracy Laurence, Billy Joe Shaver, David Allen Coe, George Jones, Otis Blackwell, David Chamberlain, Tony and Joe Stampley, Billy Currington, John Anderson, Johnny Paycheck and many, many more …too many to mention.

*For more than 8 years, buyers have been trying to seize Joy Fords property located at 23 Music Circle East Nashville, TN.

* Ms. Ford has always refused and has told every prospect she was uninterested in selling the property.

* Joseph B. Cain of MDHA (Metropolitan Development and Housing Agency) sent Ms. Ford a letter dated March 13, 2008, saying "MDHA Board of Commissioners has approved a development agreement between the Agency and a developer for the redevelopment of property along Demonbreun Street." A story appeared in the Tennessean that same day detailing this agreement.

* In the article, the Tennessean printed "The development agreement calls on the MDHA to buy Ford's property----which is bordered on three sides by the developers land and the MDHA is to resell it to the developer at cost. The developer also would reimburse the city for any fees and attorney's fees."

* On Friday, June 20, 2008, legal proceedings were set in action to condemn Ms. Ford's property. She and her attorney's have 30 days from their motion date to answer the complaint.

* Until this date, tactics aimed at Ms. Ford had just been of a threatening and harassing nature. As of this filing, legal action has been set in motion.

* It is clear that no action was ever taken against Ms. Ford until after Karl Dean became mayor, as no action had formally been taken until a week ago--June 20th.

* Since Friday, June 20, 2008, there has been a media frenzy documenting overwhelming public support for Ms. Ford and outrage at the proposed illegal seizure of her property by MDHA. The Media includes an on-air radio interview with Gerry House of WSIX 97.9 June 30, 2008 detailing the events, followed by an hour of listener calls--ALL expressing support for Ms. Ford.

*Also, Fox 17 news interviewed Ms. Ford June 30, 2008, along with Councilman for District 4 Michael Craddock, who made a surprise visit to Ms. Ford to express his support and wrote a chastising letter to the MDHA on this issue, urging them to reverse their decision.

* Channel 5 made an appearance at Ms. Ford's property on June 30, 2008 to interview her and featured the story with live broadcasting at 5:00 and 6:00.

* This is the biggest news story in Nashville and our state currently, and it encompasses broader legal issues relating to Constitutional law that will be applied nationally. This issue is not to be ignored not only by Tennessee citizens but all Americans.

*The action, the city’s first test of eminent domain since the state legislature tightened condemnation laws two years ago, was taken after the agency determined that negotiations with building owner Joy Ford would not work, said Joe Cain, the agency’s development director.

What you can do: Call Nashville’s Mayor Karl Dean – Tell Mayor Karl Dean-This is wrong “This Is Music City” NOT Apartment Condo City.

Contact Information:
Mayor's Office
100 Metro Courthouse
Nashville, TN 37201
Phone: 615-862-6000
Fax: 615-862-6040

What you can do: Call Nashville City Counsel President and Vice Mayor: Diane Neighbor

Contact Info: Metropolitan County Council

Metropolitan Courthouse
One Public Square, Suite 204
P. O. Box 196300
Nashville, TN. 37219-6300
Office Phone: (615) 862-6780
Fax: (615) 862-6784

Online: http://www.nashville.gov/council/feedback.html

What you can do: Call MDHA ask for Joe Cain.

Phone: 615-252-8400

Address: 701 South 6th St. Nashville, TN 37206
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Blue Collar Muse
(As published online July 1ST 2008)

http://conservablogs.com/bluecollarmuse/
Will the Circle be Unbroken, Part I

What Circle? 23 Music Circle East - Nashville, TN to be precise. And broken may be the kindest way to describe what the owner of the business at that address faces. Shattered, decimated, mercilessly hounded into oblivion all come to mind to describe what Joy Ford, owner of Country International Records (CIR), is facing at the hands of Nashville’s Metropolitan Development and Housing Agency (MDHA).

For almost 30 years, Ford and her late husband Sherman have operated one of the first studios on what would become Music Row at that address. While much of the rest of the Row has gone corporate with multi-million dollar facilities, CIR remains privately owned. This earns CIR the classification of an Independent label or “Indie” as it’s known in the trade. Usually reserved for recent entries into the field who don’t have the juice to or don’t want to compete with the big boys, in the case of CIR, it’s deceptive. Joy and Sherman Ford were making music, writing songs, developing artists and cutting tracks at Country International Records long before many of the current Music Row elite were born. The walls of Ford’s business are filled with pictures of the legends she’s personally worked with. Stars like George Jones, Merle Haggard, Willie Nelson, Tracy Lawrence, Tim McGraw and more.

If government has anything to say about it, that won’t be true much longer. Chas Sisk at The Tennessean, who has covered the story since March, reports,

The Metropolitan Development and Housing Agency filed papers in a Nashville court Friday to start a process that would take the offices of Country International Records at 23 Music Circle East.

The action, the city’s first test of eminent domain since the state legislature tightened condemnation laws two years ago, was taken after the agency determined that negotiations with building owner Joy Ford would not work, said Joe Cain, the agency’s development director.

“We’re not having any conversation,” Cain said. “We’re hopeful that now she will meet with us.”

The government is filing papers to take Ford’s property. When they asked her to sell she said, “No”. Problem was, Joe Cain and MDHA didn’t like that answer. Having determined “negotiations with the building owner Joy Ford would not work” (read: this woman doesn’t want to sell her property at any price) they are having her property condemned as “blighted”. If she will not sell, they’ll force her out. With the pressure on, they’re “hopeful that now she will meet with” them. Mr. Cain and the MDHA seem to be confusing conversation with coercion.

A casual read of the issue sounds like a business deal moving along, working out small contractual differences as it goes. A “win-win” in the buzzword parlance of business. Except Joy doesn’t want that sort of victory. Her idea of winning is Joe Cain and MDHA leave her alone to continue the dream she and her late husband pursued for years, making music. This being America, she should be able to do exactly that. The property is hers. She owns it free and clear. She pays all her taxes. To most Americans that means that she can do what she wants with her land as long as it’s legal.

Welcome to the real blight in this story. Just a week after Kelo v New London’s 3rd anniversary and in a week celebrating the quintessential remembrance of American freedom from governmental tyranny, the spreading blight of governmental abuse of Eminent Domain has arrived in Nashville. The arrogance and hubris of Joe Cain and MDHA reminds one of the royalty we opposed for our freedom over 230 years ago. If Joe Cain has his way, Joy Ford’s dreams and right to do what she pleases with her own property will be bulldozed to make room for a $100 million dollar development deal with a private company in Texas.

At it’s heart, this is the real issue. True Eminent Domain is about the government requisitioning property for Public Use for the good of all the citizens. This is just a business deal. And it’s the stuff of Hollywood, not Music City. It reads like a boilerplate movie script, not a hot Billboard single. The widow v the conglomerate. MDHA signed a deal with Houston based Lionstone Group, a private developer, to sell them the property they wanted at cost. They inked this Music Row deal in March of this year. At the time, Ford’s property was not theirs to sell yet they sold it anyway! Now, they are using strongarm tactics to keep a promise they had no right to make. In doing so, they are not simply trampling on the rights and dreams of one woman. They are making a mockery of our Constitution and rights and values paid for with the blood of tens of thousands. The question is, will this movie script, as yet unfinished, have a happy ending? How will this sad country song finish after the bridge?

I met Joy Ford just this afternoon. But three weeks ago I wrote ‘Eminent Domain, the other ED’ in which I said,

New ED will be eradicated when Americans choose to reclaim their constitutional rights and responsibilities. We must trust ourselves and our neighbors more than those in government when making decisions about our property. We must reject the idea government is our source and reclaim the notion we are responsible for ourselves and have specific rights, including to own property. And we must be willing to defend our Right to private property ownership by exercising our other Rights as needed. The Right to Free Speech, to Assemble, of the Press and perhaps even to Keep and Bear Arms will be needed to stem the encroachment of government on our Rights.

Joy Ford is going to fight. She’s going to need some help. I’ll stand with her. This is just the first of several posts I have planned. Phil Valentine will stand with her. Metro Councilman Mike Craddock will fight for Joy. There are some country music legends chiming in, too.

I’m inviting you to stand with her as well. I’m asking you to be like Bill R. from Washington, DC. He read Joy’s story in the Tennessean and walked from downtown’s Renaissance Hotel to Joy’s part of Music Circle. Having seen her place and her plight, he wrote her a check and an encouraging note. His actions said he believed this is a fight Joy can win but it will take more than just her. Watch this space, tune in to Phil and other talk radio shows for more information. Call Mayor Dean and your Council member. Put the pressure on and keep it on. The MDHA is saying they are doing this to benefit all the people, not just one developer. Tell them there are limits to how far you want them going in your name.

Blue Collar Muse
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More stories:

From the Tennessean:
http://www.tennessean.com/apps/pbcs.dll/article?AID=/20080629/COLUMNIST0130/806290374

From News Channel 5:
http://www.newschannel5.com/Global/story.asp?s=8581796

From Nashville is Talking:
http://kaybrooks.blogspot.com/2008/07/starstruck-im-not.html
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Doesn't this all pretty much suck? Our government which is US.. screwing the little guy right out in the open.. and they may well get away with it. Shame on the people right?

Ack!

Brian

Brian, I'd planning on putting this post in it's entirety on my website. I'll gladly dedicate a page to this.

Sadly, this kind of thing is not rare. I feel bad for her - but I'm also hopeful that her willingness to fight will bring this out in the open. Judging from your post, it appears to be working....

It's just wrong to do this to someone.....

Scott

I saw Joy a week ago. She's righteously indignant and understandably livid. Joy's done a lot for musicians here in Nashville. She used to own a club called the Bell Cove, connected to a Marina on Percy Priest Lake. I've had the honor of playing for her several times.

The loophole for the MDHA is unconsciounable. The whole "eminent domain" crap is just that...crap.

The concept of eminent domain has existed well back before the U.S. was born. Government can seize property for a fair market price to be used for the public good, such as a highway or an airport. But, Kelo v. New London was the case that brought about a Supreme Court decision allowing a government to sieze property on behalf of a private project, such as a hotel or casino, if the government decides that the project is sufficiently beneficial to the public. Disgusting. It was voted on by only seven justices, two were absent, and now it's currently the interpretation of "eminent domain" Bleagh!

One funny thing that occurred after the decision was that the Libertarian Party made an attempt, which I believe is ongoing, to sieze Supreme Court Justice Breyer's 167 acre vacation property by...eminent domain. I really hope they succeed.

Just one more thing about the government that pisses me off. But they have always been on the side of big corporations. We will continue to get this from our government until we stop being so apathetic in this country when it comes to voting. A 50% voting rate is an embarrassment, especially in the country that is supposedly the beacon of freedom. The % of young people who vote is appalling. If John Mayer is right, that generation is going to have to with a H**L of a long time for the world to change.

More examples of government hypocrisy.

(1) They legislate against internet and phone spam but the US Postal Service is the BIGGEST JUNK MAIL SPAMMER OF THEM ALL. While you can get your phone number and email address on a 'do not contact' list, you can't do the same thing with the Postal Service. Why? because they make too much money putting trash in your mail box.

(2) They ban supplements like ephedra, a supplement taken for weight loss that has killed around a hundred people (mainly because of massive overdoses), they make a huge deal about anabolic steroids, which affect comparatively few people, yet they do nothing about real health problems like smoking. Big Tobacco, because of their HUGE lobby, gets a free ride from the US government while their deadly products MURDER millions every year. Moreover, the top executives knowingly added more nicotine to their products to hook people into their death trap. These people belong in prison, not sipping champagne in first class on private corporate jets.

Got Marla's email (somehow I'm on her blast list...probably got my address from here or someone here...it goes to my "jpf email account) and I spent a few minutes following things up.


Seems to me that as unfair and hard as it seems, LEGALLY, it appears Nashville can do as it sees fit ...Tenessee did respond to the US supremee court "Kelo" decision and clarified its "eminent domain" legislation...and does allow expropriation (our Canadian legal term for this) of private property for the public good...which does include, according to Tenessee law, urban renewal....

Now, even though Joy has little LEGAL going for her, it would not be the first time that a collective voice of voters made it an election issue......or threatened to turf out the legislators over an issue....

How about a "sit in" by major music figures?? Step one, focus the national media on the issue

Step 2, elect\appoint\self some articulate, connected, high profile spokepersons to bring the message home to the politicos

Step 3 Keep the issue in front of the media

Step 4 Keep the groundswell building

Step 5 Have "Help Joy against the big bad people" events

Step 6 Boycott Reba McIntyre...her husband is the developer....

Step 7 A city hall sit in

etc

Keep it in the media, keep building support of the voters, build alliances with the powerful....so music unions, musicians etc

And YEAH for the Libertarians...certainly a thought that went through my mind. Go to Texas and get the developer's house.....it's a blight dontchaknow

Good luck Joy....

Reba's husband???... That's news... and HE of all people should have more respect than to do this

Before you go off on Ms Reba, do check the facts...it was in a blog related to this issue.....

I fact, I went to check, and it may NOT be Reba's husband Narvel Blackstock...will continue digging to see...

Total misunderstanding\misread on my part...here http://kaybrooks.blogspot.com/2008/07/starstruck-im-not.html


Mr Blackstock came out in favour of the re development, but does not appear to have any other links to the developer...

My apologies for the inference....

Didn't that article say something about Reba's husband selling them the other acreage?

I am a bit puzzled by the lack of big names who are listed in the articles coming out to support her. That's seems very odd to me.

I also find it interesting that this is supposed to be for the public good, but so far I haven't found a single voice saying they SUPPORT taking the property away.. if it is so wanted/needed for the public good, why aren't there people supporting it? The reason of course is that only the developers will get the "good" out of it.

I think it is very short sighted on the part of Nashville to let ANYTHING happen to ANY of music row... after all, that is their history and their biggest tourist attraction.. losing the music history is about as stupid and short sighted as anything a politician could do. In Europe.. entire COUNTRIES live off their tourist trade... as a country, we make less and less and in the end, we're a service oriented economy. With very little real "history" being such a young country, we need to hang on to iconic places for that purpose. A hotel is not going to attact tourists.. but leave it to idiot politicians to think that building a hotel by tearing down the very thing that would fill it would make sense.

Brian

I would guess that the city will collect a higher property tax from the new owners so they can say it is for the "pubilc good" to bring in more revenue. Ben

Yeah...tax revenues is a primary incentive when City Governments use this tactic. And once a few cities figure out how easy it is...it becomes standard procedure.

It's ugly...but I don't think she has much of chance of fighting them off.
I did some quick research and there are examples of this all over the country...it's been happening for years.

Too bad Nashville's MDHA doesn't concentrate more on areas of the town that truely are in need of some urban renewal.

If this place is famous for helping stars, why can't it be declared a historical landmark? Wouldn't that make it harder to replace?

Yeah I saw this on the news last week a couple times. The Joy Ford one. Apparently there is a big company that is wanting to build the parking lot for their condos there. They offered her $900,000 for her building. Since she is refusing to move they are slapping that run-down building thing on her. If you have ever seen the building, you would know that is is not worth 1/5th a million dollars. I think she should have these people building these condos give her a bunch of money...like 2 or 3 million and settle. I understand the ethics, but with the money she could really be on music row, not outside of it, and get a really nice building. This capital would help give her the money to keep her struggling business alive. If it was some big company I would say fight...on the grounds that they could probably win...because if she loses, they might take her building anyway. If she wins she could make a lot of money too actually. I'll be watching the news to see how it unfolds. I think it's real messed up somebody is trying to take her place. But if I were here I would negotiate it and sell for a better place.

Well Folks we are having a bit of a sticky wicket right here in "River City".

The County Jail is and has always been in the city. They need to expand the Jail again. You have to realise the county has grown by leaps and bounds since the jail was first built. There is a pretty good place out in the county that is perfect for a new Jail but the Commissioners are into expanding it where it is. At least one street will be closed off for the expansion to happen where it is.

There is eminent domain in the mix. There is a recall petition for one commissioner and a lot of protests. And on it goes.

Why is it that people want to see them throw away the key when it comes to criminals but the second they want to build more prisons to accommodate that demand, people throw tantrums?

Building a jail can be considered a public needs building. Ritzy condos and hotels can't in my opinion. Those things aren't even used by locals (hotels) and the increase in tax revenues won't mean much when the city loses most of it's tourism for turning it's back on it's only real attraction, the music history that has taken place. Why would anyone else want to go there or move there? It's not near the ocean, it's got big city crime problems in a little city package, it has terrible traffic issues, it's hot and humid and it's one of the most expensive small cities in the US to live around. Subtract the cultural impact of the music industry and I think they'd be losing a lot of what they DO have including people to stay in that new hotel.

Brian

I'll do my part...This crap happens in Cincy all the time, and it's just freakin' WRONG!

That Supreme Court decision Mike talks about is one of the most devastating ever made. I posted complaining about it when it first came out.

It means nobody's property is safe. Anybody with more money can basically take it, for personal gain, if they have friends in local government. It's egregiously wrong. Fortunately, some states, like Indiana, had tougher laws or toughened the laws on this because states are allowed to.

They aren't actually using eminent domain on this though are they? They are using the other oldest trick in the book, which is "condemning" the property. Saying something is wrong with it so as to take it. Or threatening to find some small violation (that's easy, if you look hard enough you can always find something wrong) in which to condemn the property...so as to force you to sell...

Nevermind, I guess "condemnation" is used two ways. One to describe eminent domain in action, and one to describe saying a property is unfit.

This is wrong but isn't this the American way. Money is power and power always wins over right, be it a large company taking land from a poor farmer, by money or oppression, or the country taking control of another countries resources by what ever means possible.

Large money controls every government in every country, the "elected" government is just a front for the power behind the throne, it gives the illusion that the people have the power
because they can throw out governments they don't like. So they can, but the next government is still controlled by the power behind the throne. There is coming a government very soon that will not be elected but will rule fairly with a rod of iron.

Not sure where this will end up but I seen a news clip on it here in Nashville.
The report said there were certain criteria for them to be able to take the property and it was unclear whether they had met the criteria. Blight had to be proven. But that may not be so hard to do depending on how vague the law is.
Let's keep our fingers crossed for the Lady.
Hope she beats them.

The building doesn't look blighted. I think she's hoping to get more money out of the legal bad, because you would be insane to not take almost a million dollars for that building.

There's a lot of things people would not do for 900,000 dollars. And frankly, no one should ever be forced to do something for the simple interests of greedy business people. There are plenty of sites in Nashville where a hotel and condos could be built. I bet they could find several within walking distance that would be happy to sell.. why force her? The only answer is because they can.

If this was a needed highway or site where the public had no reasonable alternative, that is when eminent domain should be considered. That hardly applies here. This is just the willful rape and pillage of a weaker party.

Brian

Cincy scares me, given its conservative reputation and all. It almost put Larry Flynt in jail for 25 years for violating the obscenity laws in Hamilton County. When he was on trial he circulated a flyer with a half naked woman on one side and a picture of dead soldiers on the other with the caption 'which is more obscene: sex or war?' He had a point.

I would like to think that changes in campaign financing laws will make a difference. i would love to take Obama at his word that he can't be bought, but that guy can't seem to make up his mind on anything.



What? Maybe in Myammar; not in the USA.

It ain't the politicians. It's the judges.

Ben,

That's not really true. Tennessee could easily have posted laws bannning it and requiring their state governments to never do this. They went the opposite way. They LOOKED for a wide open loophole and left it there.

There's plenty of blame to go around. No one wants to be forced against their will to give up something so engrained in their life. I sure wouldn't. And who is to say what the value really is? Greedy real estate vampires?

To all who think she should take the "generous offer" and be happy:

Look at it this way. Let's say someone writes a song. That song has very little market value because the average song never makes a single penny of earnings. Let's say a corporation hears the song and says "we could make a great advertisement out of that.. we're going to use Eminent domain to take that forcefully away from the person who owns it so we can make lots of money from it. After all, once we do, we'll pay taxes right?" Then they take your song for 4.5 times what it's worth on the market (which in this case is very very little). Then this company, who may be selling something you don't even believe it, walks in and takes it and you never see any of the long term profits nor do you have any further control over it or how it is used. As a community, we'd think that is ridiculous right? What if you're a church goer and the some internet porn site wants to use the song? What if you're a non believer and some off the wall religious cult wants to use it? (Choose any odd couple pairing you want). We'd all be outraged. We should be equally outraged here.

Brian

She shouldn't be forced. I agree. I was just saying they need to give her more money. If they offered her the right amount she might have settled. Also there is no reason for her to have to move...over a stupid parking lot. They can figure something else out. Put some parking on the roof, drill into to the ground for more parking. Something. If they didn't offer me the right amount of money then I would be going to court as well. Looks like all kinds of landmarks are being tore down. They just tore down the country music hall of fame over on demonbreun

That's the short sightedness of the polticians. They simply don't understand that landmarks are FAR more important to a cities long term cultural value than any new building they could dream up. Those tax dollars from the hotel/condos would still be earned if they built it somewhere else where a landmark wasn't at risk. Stupid stupid stupid politicians all over the US do the same stupid thing. Once that history is gone, it can't be brought back.

Brian