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Cities Consider Using Eminent Domain For Unholy Property Seizures
Cities Consider Using Eminent Domain For Unholy Property Seizures

Forbes

time03-06-2025

  • Business
  • Forbes

Cities Consider Using Eminent Domain For Unholy Property Seizures

A person takes a picture of the childhood home of the new Pope Leo XIV in Dolton, Illinois, (Photo ... More by KAMIL KRZACZYNSKI/AFP via Getty Images) Robert Prevost grew up in a modest home in the south Chicago suburb of Dolton, Illinois. Recently, a realty company purchased that old home, fixed it up, and put it up for sale. Then a few weeks ago, Robert Prevost became Pope Leo XIV. Now that modest home is in demand. The house is supposed to be auctioned off, with bidding starting at $250,000. How much of a premium will people pay for the childhood home of a Pope? Ten percent? Twenty? Nobody knows because this hasn't happened before—we can't make a guess based on past sales of 'childhood Pope homes.' And we may never find out. Dolton officials are threatening to use eminent domain to force a sale so the home can become a publicly accessible historic site. But while taking the home for a public use meets the constitution's requirements to take property, the price the city ends up paying could be less than divine. When the government takes property through eminent domain, the constitution says it must pay 'just compensation' for the property, which courts say is whatever price the property would fetch on the open market. But figuring out what that price is can be tricky, and the government often stiffs property owners when it can get away with it. ProPublica had a series of articles several years ago showing how the federal government paid very different prices for property depending on whether owners could afford attorneys. That's where the planned auction would have been helpful. After all, the best evidence of how big a 'Pope premium' the house commands on the open market would be an auction on the open market. And that may well be why the city moved so quickly: In May, city officials darkly warned the current owner to make sure bidders knew 'their 'purchase' may be only temporary since the Village intends to begin the eminent domain process very shortly.' If the city can suppress bids at the auction, it leaves itself the option of arguing that the real value of the property is what the home was on sale for before the Pope's elevation: $199,900. It could even argue it should be lower than that. The Pope himself has been quite busy and hasn't commented specifically on what should happen with his old family home, but Christian Britschgi writing for Reason noted that his first included the line: "[Saint] Peter must shepherd the flock without ever yielding to the temptation to be an autocrat.' The actual 'fair market' price for a Pope's childhood home may be high or it may be low, but Dolton shouldn't be afraid of the truth. And it shouldn't be using public power to try to stop the current owners' efforts to find out exactly what their property is worth in the real world. Meanwhile, a city in New Jersey is considering another unholy use of eminent domain, except here it is directed squarely at a church. In Toms River, the Christ Episcopal Church wants to open a small homeless shelter on its property. But the town has a different plan for the church's property: pickleball courts and a skate park. Christ Episcopal hosts a number of community programs, including an affordable housing nonprofit. That nonprofit recently submitted plans to the zoning board for a 17-bed overnight shelter on the church property. Like many areas across America, rising home prices have contributed to rising homelessness across New Jersey. One group estimates that the number of homeless residents in the region has doubled in recent years. But for the mayor of Toms River, a new park complex along the city's eponymous river is a priority. He said the church's property is, 'a great opportunity for parking, for recreation.' Broader plans for the area include taking nearby waterfront property to build a tiki bar and jet ski rentals. The church found out about the effort to seize its property a mere 24 hours before the city council first considered a measure. It passed by a 4-3 vote in a contentious meeting where council members yelled at each other. A second approval may come this week. That the vote to take the property came just three weeks before the zoning board considered the application for the shelter is far too convenient. The Fifth Amendment allows government to take property for public use and parks usually fit that definition. But the town doesn't want a park so much as it doesn't want a homeless shelter. Whether or not this kind of bad faith use of eminent domain is constitutional is a somewhat open question. For instance, in nearby Connecticut the state supreme court rejected an attempt to stop an affordable housing development with sham playing fields. Massachusetts, Georgia, and Rhode Island similarly prohibit these so-called pre-textual takings. Last fall, the Supreme Court almost took up the case of a Long Island hardware store chain that lost its property to a town for a 'passive park' (the town had no plan to develop the land). Justices Thomas, Gorsuch, and Alito said they would have granted the case but four votes are needed to achieve Supreme Court review. Pretextual takings are an incredible threat to private property. As long as the government is willing to pay the 'fair market' price practically any property can be seized. That market price doesn't include whatever an owner might spend in court trying to keep their property. Challenging even the most outlandish use of eminent domain could mean coming out the other end of the process without a home or business and poorer for it. The Asbury Park Press speculated that the New Jersey episcopal diocese's poor financial situation may be a consideration in whether it negotiates or resists. For now though, the church has indicated it will fight and it has support from other area houses of worship. The mayor has talked about the need to 'balance the hardships' of a community without a park and speculated that the church congregants could simply 'drive to a different location every Sunday.' This is a grim view of governing that is fundamentally at odds with America's traditions of property and religious rights. Christ Episcopal has been in Toms River since 1865 and it wants to use its property to fulfill its religious mission to care for the poor at no expense to the town. The mayor wants to provide convenient recreation at cost to the taxpayers. The U.S. Constitution gave government the power of eminent domain but courts shouldn't merely roll over whenever government presents a plan to take private property. The Fifth Amendment also says that no one should be deprived of their property without due process of law. When the government presents an unholy use of eminent domain, judges should consider all the facts and uphold justice.

Dolton's plan to acquire Pope Leo XIV's childhood home, possibly through eminent domain, raises legal questions
Dolton's plan to acquire Pope Leo XIV's childhood home, possibly through eminent domain, raises legal questions

CBS News

time21-05-2025

  • Politics
  • CBS News

Dolton's plan to acquire Pope Leo XIV's childhood home, possibly through eminent domain, raises legal questions

A fight for ownership of Pope Leo XIV's childhood home in Dolton, Illinois, raises questions about legality. The current owner of the home at 212 E. 141st Pl. has signaled that he plans to sell it at auction, and Dolton Mayor Jason House has said the village will seek to buy it, but if negotiations fail, could seek to acquire it through eminent domain. That's when a government body seizes private property for public use without the owner's consent, but pays the owner a fair amount for the value of the property. There is immense interest in what happens next to Pope Leo's childhood home in Dolton. "They're bringing rosaries, flowers. We light candles," said Donna Sagna Davis, who lives next door. Davis has erected a cross outside her own home; Gregorian chants belting from a speaker in her window via a playlist she found on YouTube. "I've seen a lot of people; people from Greece, people from Italy, Germany," she said. "One woman came and she prayed, touched the door of the pope's house, and she said she wanted to be healed." On the day then-Cardinal Robert Prevost was elected pope, the owner of the pontiff's childhood home said he learned about Pope Leo's election through his real estate agent while at a doctor's appointment with his pregnant wife. Polish and Catholic, he sees it as a blessing for his growing family. CBS News Chicago was the first to go inside the newly renovated house on the day Pope Leo was elected. With the house now a piece of history, Dolton Mayor Jason House has said the cash-strapped village plans to acquire it, either through direct purchase or through eminent domain powers. "We consistently say we want to make sure that we're partnering with the archdiocese to honor it in the right way," he said. But that plan – intersecting the use taxpayer funds and a religious organization – has raised concerns, and not just limited to the First Amendment separation of Church and State. "We have statutory problems dealing with eminent domain, and it has to be used for a public purpose, not for a private or for religious reasons. There are a lot of obstacles in this, and I think down the road, there's going to be a lot of legal issues," CBS News Chicago legal analyst Irv Miller said. The Archdiocese of Chicago said it "appreciates the outreach from the Village of Dolton and our preliminary discussions regarding the former Prevost family home." "At this time, the archdiocese does not have a plan in place concerning the property," the archdiocese added. On Wednesday, a group of Polish priests working in Chicago came by the house, leading a prayer over the home and its community. "I feel like God has come to Dolton, so I'm excited," Davis said. House did not immediately respond to a request for clarification about his statement regarding a partnership with the Archdiocese regarding the pope's childhood home. The home is still listed for auction, with bids accepted until June 18.

Woman Cleans Out Childhood Home After Both Parents Die from Cancer (Exclusive)
Woman Cleans Out Childhood Home After Both Parents Die from Cancer (Exclusive)

Yahoo

time18-05-2025

  • General
  • Yahoo

Woman Cleans Out Childhood Home After Both Parents Die from Cancer (Exclusive)

Sarah Jacobson lost both her parents to cancer and is now clearing out her childhood home filled with memories The 26-year-old shares a brave face online, but grief, job loss, and the stress of organizing her parents' house have taken a heavy toll Support from her husband, a grief group, and other family and friends is helping her heal and move forward Cleaning out a childhood home is never an easy task, but for one 26-year-old woman, it has become a deeply emotional journey. After losing both of her parents to cancer within a few short years, Sarah Jacobson found herself sifting through the belongings they left behind, stirring up memories of love and loss as she tries to navigate her grief. Jacobson's mother passed away from gallbladder cancer in December 2021, three years after she was first diagnosed. She was 63. 'She was my best friend. So it was extremely difficult,' Jacobson tells PEOPLE exclusively. Unfortunately, her father was diagnosed with colon cancer immediately after her mother's passing. He died in March 2025, also at the age of 63, leaving Jacobson to process an overwhelming series of tragedies, including the death of her two childhood cats. 'It was super sudden. I had never experienced loss before. I had never grieved before,' she admits. Despite the profound pain, Jacobson has found some comfort in the thought of her parents being together again. 'Knowing that they're together again in heaven… that kind of brings me a little bit of peace,' she shares softly. But even with that solace, the physical act of cleaning out her childhood home feels like an unavoidable confrontation with grief. It is a painstaking process that she anticipates will take her the better part of a year. Sorting through childhood memories, keepsakes, and antiques her mother had carefully saved with the intention of passing them down has proved harder than it looks. 'She held on to things from her wedding that were unused in a box that were getting moldy because she was like, 'Oh, you know, my daughters will have it one day,'' Jacobson reveals. The decision to handle the process on her own, with the help of her family, rather than hiring a company to manage the estate, is driven by her desire to hold on to every detail. 'Every drawer is full, every closet is full, and I want to keep things,' she says. 'There are so many meaningful things.' Nevertheless, after the home is organized and cleaned out, Jacobson and her sister have decided to sell her parents' house, as keeping it is financially unfeasible for them. 'The home is in a really nice area. It's over a million-dollar house. Like, it clearly costs a lot of money to live there, and the taxes are astronomical,' she tells PEOPLE. 'We'd rather live a good life and maybe get a smaller home and start fresh than be house poor in a big empty house where my family died.' Jacobson was also laid off earlier this year, which she now sees as a blessing in disguise. It gave her the time to be with her father, say her goodbyes, and begin sorting through the house. Though Jacobson appears cheerful on social media, the weight of losing her parents and facing so much hardship is often overwhelming. 'I try to be strong for people on the internet, but I do struggle a lot,' she confesses. Sleepless nights and unexpected physical symptoms, including panic attacks, chest tightness, and autoimmune issues, have all been a part of her journey. 'I didn't realize that my body was just heartbroken,' she reflects. Never miss a story — sign up for to stay up-to-date on the best of what PEOPLE has to offer​​, from celebrity news to compelling human interest stories. To help manage her mourning, she joined a grief group, something she wishes she had done earlier. 'When my mom passed away, I didn't grieve properly,' Jacobson admits. She found herself withdrawn from people, but this time she sought community. After sharing her story online, Jacobson has received personal messages from others who relate, sharing their own stories of loss and offering support. The experience has been a way to process her feelings and connect with others who understand her pain. Amid all the support she's received, Jacobson says it's her husband who has been her greatest source of strength. 'Thank God I have him,' she shares. 'I met him at the perfect time…He got to be with my mom, he got to be with my dad and see them healthy.' His presence in her life has helped her find some semblance of peace. Though the process of grieving and cleaning out her childhood home will be long and arduous, Jacobson holds on to the hope that she will heal and forge her own path forward. 'I hope to continue on,' she says. 'Eventually, my house will be cleaned out, and those posts I will no longer post on social media… But the grief stays with you. It's lifelong.' Read the original article on People

Pope Leo's childhood home in Chicago is up for sale
Pope Leo's childhood home in Chicago is up for sale

Yahoo

time18-05-2025

  • General
  • Yahoo

Pope Leo's childhood home in Chicago is up for sale

(NewsNation)—The first American pope's childhood home in south suburban Chicago will be sold to the highest bidder in an online private auction next month. The current owner of the home in Dolton, Illinois, hit the real estate jackpot when Pope Leo XIV was elected the earthly leader of the Catholic Church this month. The house was previously on the market but taken down after news of Pope Leo's election. Pope Leo spent some of his younger years in the home just 30 minutes south of downtown Chicago. NewsNation spoke with the listing agent on Saturday, who said they will not entertain offers of less than $250,000 for the property. Some neighbors want the home to be a public place for people to pray and be able to honor Pope Leo. The three-bedroom home is 10,050 square feet and was built in 1949 and underwent remodeling in the last 12 months. Escaped New Orleans inmates still on the run In May 2023, the home sold for $66,000 and hit the open market again in January before being taken down briefly in May, and after Leo was elected. The pontiff's family owned the Dolton home for nearly 50 years, and now visitors stop out front to take photographs. The area has been beset by violence and other crimes in more recent years. But locals tell NewsNation they hope Leo's childhood home will be a beacon of what one can become. 'People are saying that it should be made a landmark, or something should be put there. Something like that would be nice to see it happen,' Dolton resident Mike Wolsky told NewsNation. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

It's like winning the lottery! Owner of Pope Leo's childhood home pulls it off the market with its price set to 'skyrocket' following appointment of first ever American pontiff
It's like winning the lottery! Owner of Pope Leo's childhood home pulls it off the market with its price set to 'skyrocket' following appointment of first ever American pontiff

Daily Mail​

time10-05-2025

  • Business
  • Daily Mail​

It's like winning the lottery! Owner of Pope Leo's childhood home pulls it off the market with its price set to 'skyrocket' following appointment of first ever American pontiff

The price of the newly elected Pope's modest childhood home is set to 'skyrocket', The Mail on Sunday has learned. The three-bedroom brick bungalow in Dolton, Chicago, had been put on the market for $245,957 (£184,000) on May 5. But it was immediately removed again once Cardinal Robert Prevost, 69, was appointed Pope Leo XIV on Thursday. The owner of the property described the situation as better than winning the lottery. The first American Pope in history lived in the house for two decades with his father Louis, a teacher, and librarian mother Mildred and two brothers. The family is believed to have sold the property after the death of the Chicago-born Pope's parents. Mildred died in 1990 and Louis in 1997. When the MoS visited the house this week neighbours said the property had fallen into disrepair and had been used as a drug den. Donna Sagna, 50, who lives next door, said: 'The last couple of years I was pulling my hair out. 'One family was selling drugs right here and then a second family moved in and there was a lot of violence and fighting and shooting. I was really sad and upset. I prayed and prayed because my house got broken into. This is just a beautiful time for us.' The first American Pope in history (pictured on the balcony of St Peter's Basilica at the Vatican) lived in the house for two decades with his father Louis, a teacher, and librarian mother Mildred and two brothers. It is believed the family sold the home after the death of the Pope's parents Estate agent Steve Budzik said the home's owner, who wishes to remain anonymous, was at a doctor's appointment with his pregnant wife when the Pope's appointment was announced. Mr Budzik said: 'He was like, 'This is great. This is better than winning a lotto ticket'. 'I say one in a million [chance of this happening] but it's more in the billions. You'd have a better chance of winning the lotto.' The owner, an electrician, purchased the property in May 2024 for $66,000 (£50,000) and carried out extensive renovations. An earlier buyer had made a $219,000 (£165,000) offer in April but backed out. One neighbour said the price of the home 'will skyrocket': 'It must be worth at least double now, if not more,' she said. 'Hopefully this will be good for all of us. This isn't a great area so we needed this.'

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