Popular Family Store Fights Bogus Eminent Domain

Can the government take your land just because they don’t like you? That’s happening to Brinkmann’s Hardware, a beloved local store in Long Island. After a lengthy fight, the town of Southhold, NY is now trying to take their land away through eminent domain-all to protect another business from competition.
Today we talk with Hank Brinkmann and IJ Senior Attorney Jeff Redfern about how Brinkmann’s Hardware went from a small family shop to a champion of property rights-and their path all the way to the Supreme Court.
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[@Pepperboy555]

I was eminent domain by the city of Mesa, Arizona because they wanted a local hardware store to relocate to the corner my house was located. Thanks to IJ bailey’s brakes was able to fight and win against the City.

[@brettlappin7731]

🎉😊

[@707imperial]

Who paid the lawfirms fees? How long did you have to deal with that issue?

[@johngalt97]

Gilbert is even worse, a bunch of transplanted Californians with too much real estate money.

[@addanametocontinue]

@@707imperial IJ is at least partially funded by donations. I give IJ $25 every month, so people like myself help pay for attorneys.

[@johnwolf2829]

These are the Last Days f Babylon. Everyone with any power is trying to steal everything they can. If everyone in charge of anything tonight, the world would be a much better place tomorrow.

[@jeffschroeder4805]

This case has to involve finding out exactly who is behind this? This must have already cost the town LOTS of money in legal fees, some people on the city council need to face elections and be required to explain how their expenditures actually benefit the town. Good hardware stores are a great asset for any town.

[@nathandc]

They were ordered to pay 131k for the cities legal fees

[@uncleeddie-xo9ln]

It is times like this that we have to consider which partisan thieving party is running the town’s show … and then vote them out regardless of party!!

[@brettlappin7731]

​@@nathandc😢

[@Bill-im6nt]

@@uncleeddie-xo9ln OH HEAVENS!! You mean people voting thinking about what has actually happened, instead of rumors and promises. AH, why bother, just vote party line ... that has(n't) worked so well!

[@EDesigns_FL]

@@uncleeddie-xo9ln In this situation, they're all Democrats and it's unlikely that Republicans stand a chance in this extremely liberal/corrupt jurisdiction.

[@freethebirds3578]

Found the IJ through Steve Lehto, and I love them. IJ will be named in our will.

[@sirwinston2368]

Good for you. I have a trust and IJ will get 3% of my net worth when I give up the ghost. Could be $1,000, could be $25k. Doesn't matter. It is money well spent! Thank you freethebirds3578.

[@RARufus]

I found IJ through Audit The Audit I think and have donated to them every year. Such a great organization.

[@ronr6450]

Mine too.

[@patrickcleburneuczjsxpmp9558]

Helping a hardware store chain open its 6th location in a town that the chain obviously recognizes won't support two hardware stores (or else they wouldn't have offered to preemptively buy out the competition) when that town already has a well run hardware store (or else the chain wouldn't have offered to hire the owner of the current store to manage their new store) is anything but a reason to love IJ. IJ seems to have done lots of excellent work, but they chose to represent a very poor cause here.

[@tactileslut]

Reminded of them through Steve. Monthly gifts established a few weeks ago. Likely to buy some of their publications (pocket Constitution for one) fairly soon.

[@BirdDogey1]

I've seen the Planning Commission used to stop projects or licenses in order to protect favored sons in town. This is where much of the abuse occurs.

[@CD-vb9fi]

Yep, and this is exactly what causes the stagnation and disease in our economy. This is why it is an agenda driven lie to blame this on capitalism.

[@jeabo0adhd]

Most people have no idea the shenanigans local governments pull off. Basically, there are more municipalities than citizens who understand the corruption.

[@johns140]

Public corruption at its finest.

[@flyingeaglewoman8682]

Stakeholders… and foreign investors. Consolidating..

[@jim5148]

Yup. Everybody on my local city council is a builder or a real estate person. Wonder why.

[@thesuperdingos]

This is a clear abuse of power.

[@skoshman1]

Perhaps, but that's why there's a judge involved. I will concede that it's really sus and I totally agree that this case is in IJ's interest to take. I might be (read: am totally) cynical but I like what is IJ's apparent long game here.

[@superblitz]

Sure, but our court system is based on precedent. Fighting eminent domain cases are practically impossible for people and businesses because most suites end up being won by local governments which create precedent and future cases will be heavily biased due to that.

[@LivingTheGoodLife777]

Since when is power not abused?

[@johnwolf2829]

NYC is especially disgusting. WHY would anyone want to stay there?

[@ThrasherGnar]

@@skoshman1Are you trying to ask a question here? I’m genuinely curious.

[@montwolfman]

My $90/mth. doing good work. Thank you I.J. for helping the Brinkman family. I'm proud that I can be a small part of the fight for justice.

[@katiekane5247]

Thank you! I'm on poverty level Social security and can't afford to support this great cause. I watch, like and comment. I'm told that's helpful for the algorithm.

[@Strideo1]

Thanks!

[@frotoe9289]

I donate to them as well. In my case, annually, and anonymously. I've learned over the years if you give a good cause $100 they will hound you forever asking for $150 pretty please, and oh, special need just came up so give another $100, please and it never ends. The ACLU drove me to stop donating and call-block their number when they started calling me about weekly, but Nature Conservancy, my alma mater, and many others all do the same basic "thanks but give MORE" thing.

[@chuckzamzow]

​​@@katiekane5247- if you have an Amazon account you can set up your account to donate a percentage of what you spend - that's my only donation - and all I can afford.

[@montwolfman]

@@frotoe9289 IJ tried once early on but quit when I said NO.

[@PepeToTheMooon]

Eminent domain is basically “hey we don’t want you here so we’ll make an excuse to make sure we get rid of you.”

[@nickybeingnicky]

That's not what it is supposed to be.

[@CD-vb9fi]

@@nickybeingnicky Remember, to know the truth of anything you judge it by the fruits of it's labor. Regardless of what "eminent domain" was ever intended for, it is definitely being used by corrupt people to peddle their agenda's and to get into bed with dirty elements of society.

[@RoonMian]

No, eminent domain has very good and necessary uses. It's a necessity because property does not only bring privileges, it also brings responsibilities and some people fail in the responsibilities that property bestows on them. This case isn't a porblem with eminent domain, it's a problem with political corruption.

[@coledrevenj]

@@RoonMian Responsibilities? I'm not sure you understand property rights.

[@RoonMian]

@@coledrevenj I do, I'm just not into bootlicking.

[@TheQuickSilver101]

I remember, when I was a young man, my great great uncle had his property seized by eminent domain because they wanted to run a highway across his property. They took his land and gave him a cut rate price for it... then never built the highway. Ever since then I have felt that eminent domain needs to be enforced very differently

[@BigRonRN18]

Many decades ago, my grandfather owned land that was just outside of a small (at the time) town in the San Joaquin Valley of California; he was a peach grower. The city grew and surrounded his property. I don't believe eminent domain was ever fully invoked against his land; he was coerced by less-than-favorable conditions to sell plots of land. Some of that land was for a large shopping center. The last bit of farmland was at least sold at the highest price per acre in the county's history around 2000 (my grandfather had already passed, but the land was held in a family trust). That farmland was converted into homes that sold around 2004-5. In a bit of schadenfreude, I was amused that nearly every one of those homes was foreclosed on by around 2008-2010. Not only that, but the shopping center built on his former land has had ALL its anchor stores either go out of business or shut down; the shopping center is now an eyesore. I guess the city got what it wanted.

[@ergoone1098]

Excellent video. And *infuriating* story. Thanks for not caving, Mr Brinkmann. Things like this shouldn't happen in America.:/

[@fester5228]

It shouldn't happen anywhere.

[@dirkz.duggitz1567]

I'm baffled that eminent domain and civil forfeiture aren't direct violations of our rights.

[@flyingeaglewoman8682]

They are. Tyrants/communists don’t care.

[@dupchurch105]

They are !! The sad thing is that courts favor the government over our right guaranteed by the constitution. - Civil Asset forfiture - imminent domain - qualified immunity It is so bad, the Supreme Court actually came up with the idea of qualified immunity themselves.

[@bigdickpornsuperstar]

Eminent Domain is in the Constitution specifically for "the public good" and you are supposed to be fairly compensated for any Taking by the government. Civil Asset Forfeiture is a legal loophole (i.e., only people have constitutional rights, material objects do not) that has the founding father's rolling in their graves. They have to PROVE that a person was involved in a crime. They only have to SUPPOSE that money, cars, jewelry, homes, etc. were involved in a crime.... no proof necessary.

[@calebfielding6352]

it does, but the courts dont like the constitution.

[@sirwinston2368]

@@bigdickpornsuperstar NO no no no no!!! The Constitution does NOT say government can take your property for the PUBLIC GOOD! No!! The Constitution says the government can take your property for PUBLIC USE!! (5th Amendment, last clause, "... nor shall private property be taken for PUBLIC USE without just compensation). Huge difference. See the Kelo decision (in which 6 liberals decided on the "public good" doctrine. It's WRONG). The government can take your property to build a public park, or a public highway, or a public bike route, or a national park. The property seized must be made available to the public. Again, see Kelo.

[@rebeccabutler9728]

Wow! I'm an elected official and I cannot believe the unmitigated gall of this town council. This is corruption and misuse of the intent of imminent domain. Making your business spend all that money on studies and then yanking the rug out from under you is disgusting. I'm pulling for you and I hope the Supreme Court hears your case and reverses the decision of the Second Curcuit Court (which I can't believe made that ruling). Good luck and I will be following your case.

[@davidf3869]

Tell people in power are actually held accountable for there actions this kinda of stuff will never change.

[@debanda4504]

RICO ACT CRIMINALS who operate under the color of law

[@yumri4]

The problem is even trying to vote them out is out getting the people who do this out as they tend to be in appointed positions not elected positions

[@kifley19]

If the government is going to take your land by force, they should be required to pay 4x the value of your property.

[@TommyGunz327]

They just shouldn’t be able to take your land at all.

[@pauleohl]

@@TommyGunz327 How would roads get built if land could not be taken (with fair compensation)?

[@Furby_assassin]

So the tax payer should pay 4x? I think if a reasonable amount can't be agreed on. Then it shouldn't be done. Government shouldn't be used to pick winners and losers for business purposes. As for government building roads or other infrastructure projects. Eminent domain should only be used for absolutely necessary projects with fair compensation. If it's a pet project of some official then go around or build something else 😂😂

[@einyv]

​@@Furby_assassinif the "fair" compensation doesn't allow the impacted person to buy the same size property elsewhere with that "fair"compensation then it's not fair if it puts you into debt.

[@user-cn8wu2ok5s]

For a business, it is not just the cost of the land. It’s the loss of customer base and income. The cost of building and/or retrofitting the building to suit your needs. How much more will the new property cost, plus taxes and insurance. It is NOT just the land cost.

[@Paladin1873]

Our family hardware business began in 1869 and ran through three generations and five stores, finally closing in the 1990s. In all that time we never faced a situation such as this. I hope you win your case all the way to the SCOTUS. Hopefully they will overturn Kelo v. City of New London (2005) in the process.

[@incredibleadventures1027]

What do you think your elders would say to you considering the family was able to keep the business afloat for so many decades all up until you came along?

[@Paladin1873]

@@incredibleadventures1027 They were the ones who insisted we do something better with our lives, so we did. One brother became an attorney, another an airline pilot, and became an Air Force officer, retiring at the rank of colonel.

[@blainelytle341]

​@@Paladin1873 Thank you for your service Sir ! And for your brothers doing as your parents wished for them to do. Live long & prosper 🖖

[@Paladin1873]

@@blainelytle341 Peace and long life. 🖖

[@patrickcleburneuczjsxpmp9558]

@@Paladin1873 You don't have any sympathy for the local hardware store owner being forced out of business by the Brinkmanns' anti-competitive bullying?

[@ConradDunkerson]

Once upon a time, eminent domain was a 'necessary evil'. We couldn't have built railroads across this country or the interstate highway system or telecommunications or the internet if every single person in the country could potentially go out and buy a plot of land along the route one of those projects was following and then refuse to sell. The government HAD to be able to 'force sale of property' to enable these vital projects to be completed. However, since then it has morphed into nearly 'the government can buy your land for any reason so long as they pretend to believe it will benefit the community'.

[@CD-vb9fi]

This is why you always put the cuffs on government by making sure your local Militia is healthy and functions. Remember 2a. "being NECESSARY to the security of a free state"? People keep forgetting that word "necessary".

[@neoqwerty]

@@CD-vb9fi People also love to forget the part where the militia should be well-maintained and well-trained. Now I've met a few gun owners who follow that rule, but a lot of the 2a zealots crying about it tend to very much not fall under the "well-trained" part. Especially when it comes to gun discipline. When I (a Canadian, who doesn't own a gun and is not licensed to own one) know more about gun safety and handling than your average US gun owner, there's a _massive problem_ in the system. Like, if y'all like guns so much why don't you you free mandated gun safety and gun training courses with the guns???

[@CD-vb9fi]

@@neoqwerty You are not wrong about what people forget, but that is part of the problem of We the People not maintaining them. But you are wrong about the "mandatory" part. It's not the training that is the problem. It's the attitude. Far too many people have become full of themselves and narcissistic. A humble person with no knowledge of a firearm would be less likely to mishandle a firearm than a well experience fool with hubris. Making things "mandatory" always comes with the encroachment of tyranny and the conversion of a right to a very restricted "privilege" reserved for the elites. It will never not happen, so that can never be on the table for that reason alone.

[@jacobzindel987]

​@@CD-vb9fi ok boomer

[@CD-vb9fi]

@@jacobzindel987 I am not old enough for that, but hey... whatever lie you need to tell yourself so you don't have to face the reality you are a slave in body and mind.

[@williampage622]

Another reason to get rid of immunity so you can go after the city officials.

[@robr4662]

As a long-islander, I can confirm the towns around here are super corrupt.

[@SpotTheBorgCat]

I'm wondering if there is someone related to the old hardware store owner who thinks they need to up his income so they can inherit it? Maybe someone with a friend on the City council?

[@johnnytx45]

The lawyer on the other side has past dealings with the town. That should be obvious.

[@jeabo0adhd]

Sounds like the city is more like an HOA.

[@RLSSacCA]

IJ, you guy's are the BEST!

[@umaxen0048]

MY historic city hall now keeps it's doors locked 24/7. When I go there, I ring the door buzzer and simply tell them to open the public building...

[@debanda4504]

They are scared 😱

[@nicclark9791]

Where is that?

[@rockymntnliberty]

It always amazes me that the people of a community like this will allow criminal thugs to use their money and the positions given to them by the public to take criminal actions of this sort. You can make legal arguments and rationalizations all day long, but everyone knows what they did is immoral and just flat out wrong

[@MonkeyMind69]

Most people are sadly just sheepIe. This isn't entirely their fault, as they've been conditioned to be this way through the "Prussian" based education system. This Prussian based education system was designed to introduce youth to the industrial revolution, while still keeping them compliant to authority figures. It does this by removing the Trivium (aka Logic, Grammar, and Rhetoric). Essentially it is like the parable Giving a man a fish (so he becomes dependent) vs, Teach a man to fish (so he becomes independent and free). Comparably, it's telling kids what to think, instead of teaching them how to think critically. The opposite method of teaching that helps develop critical thinking is often referred to as the "Socratic" method.

[@trav1971]

Thinking you actually own anything in America is peak delusion.

[@shawnclawson890]

Hell they'll tax the idea of owning

[@johntuffy5721]

Evil is as Evil does.

[@billstill1794]

A DEFINITE example of misuse of eminent domain! Heads should roll here!

[@billstill1794]

Stay away from Southhold, people if you're thinking of moving there! They can steal your land!

[@thystaff742]

Eminent domain is unconstitutional. When will people wake up to government overreach?

[@StuartBpPce]

They should but they won't. Penalties for government corruption barely exists and in the rare cases they are put in place it just falls on the taxpayer. The penalty for government corruption rarely falls on the corrupt.

[@alb12345672]

Money talks in NY. In Albany they want to build a Costco, courts had no problem with their eminent domain takeover of an entire neighborhood.

[@Strideo1]

New York seems very corrupt.

[@EXE973]

First off, not Albany. It's Guilderland. Second, Pyramid bought all the property 30ish years ago and the eminent domain case is about acquiring the roads. This was never about a neighborhood, it's about the Pine Bush. At least be truthful in your outrage.

[@alb12345672]

@@EXE973 Not 30 years ago. There is a long video on YT about the neighborhood. They bought the houses, and kicked out the renters. Then they let a neighborhood rot.

[@BenjaminRonlund]

Just remember, the local town government doesn't even need to win the case. They'll be happy just knowing they've taken the Hankmens for a ride in court to cost them millions.

[@timd1833]

That's why IJ stepped in. BRINKMAN's

[@scottelder3141]

The process is the punishment

[@TCR2025]

You truly don’t own anything here.

[@josephbeal7975]

Especially property. It’s just a long term rental program

[@jeabo0adhd]

​@@josephbeal7975 Ownership does not exist. Its simply a continual competition between criminals, the government, and normal people. Always has been and we can't assume its any different now.

[@gregbaehring1656]

You own the illusion of ownership.

[@HM2SGT]

🤷 people prefer the comfortable delusion that they have freedom and control, being deliberately obtuse and ignorant that control is an illusion, as is freedom

[@darrylkenes7424]

@@gregbaehring1656 And you must pay for the illusion.

[@lindaorr1028]

Google The Toy Castle in Claremont New Hampshire. I worked there all through high school. It was a New England destination store. The owner, Conrad Lambert fought eminent domain for years (7) right up until the time of his death. Legal fees were as usual crippling. ED won and the city slightly altered the "Y" intersection which hardly made a difference. Toy Castle sold toys, hobbies, skis, Raleigh and Schwinn bikes, Vespa motor scooters, mini bikes, mopeds, snow shoes, bows and arrows, train sets, gags, and more. People came from all over New England. I waited on Charles Bronson a few times as he lived close by in Vermont. I learned more while working in that store for 3 years than at any other job ever.

[@nelsonp6888]

Interesting case but did anyone else feel baited into thinking they were losing some family store they had for decades by the thumbnail and intro? Turns out it’s just a vacant lot they wanted to build a store on. Still was an interesting listen just saying.

[@jerrycallison6125]

No, I didn't feel baited.

[@alb12345672]

IJ should look into the town of Guilderland / Costco lawsuits. Unreal what flies in NY with eminent domain.

[@shawnclawson890]

Tbe fact that we as a countey have fallen so much that eminent domain has to be explained ro viewers is worse than the town using eminent domain

[@DellikkilleD]

lmfao, because im sure you know every obscure and largely irrelevant law champ.

[@bretta3]

I know exactly what’s going on here. someone in the local government, maybe several people found out about the new hardware store, found out about the deal to buy out the original hardware store and decided they weren’t gonna let any of this happen and unless somebody put some money in their pockets. So they told the owner of the first hardware store, I’m gonna force this guy to pay you double and when he does, you’re gonna give that extra money to me. If you don’t do this, we will never let the deal go through.

[@patrickcleburneuczjsxpmp9558]

What's to say they didn't want to see their local hardware store get squeezed out of business by a hardware chain capable of outlasting the local hardware store in a profit-starvation contest?

[@stevebabiak6997]

Moral of the story: a handshake deal isn’t worth the paper used to print it. Get the deal in writing, and signed by all parties - even if it’s just a memorandum outlining the basic terms being agreed upon.

[@katiekane5247]

I almost lost my property because of a verbal deal, to my fiance. I actually won because I had already bought wedding supplies and his attorney told him to give up and not try to take me to court. Learned my lesson though. Always get something in writing!

[@vickijohnson9367]

Even legally binding contracts can then be disputed through lawsuits and corrupt judges and attorneys, trying to steal your property. It’s a real scenario, where you will spend hundreds of thousands of dollars in attorneys fees to try and uphold your contract. Rule of law, contract law, is now broken in the United States, meaning that the U.S. is now considered a compromised democracy, aka “fake” democracy.

[@heatherroseisrflyer]

Does Brinkman’s have access to a bulldozer, plate steel and welding equipment?

[@dukex12]

Sometimes reasonable hardware stores must do unreasonable things.

[@patrickcleburneuczjsxpmp9558]

@@dukex12 Reasonable hardware stores don't need to add a 6th location, especially not in a town that already has a well run hardware store and that isn't big enough to support another hardware store.

[@dukex12]

@@patrickcleburneuczjsxpmp9558 if the town isn't big enough to support two hardware stores then that is for the market to sort out, not the government.

[@patrickcleburneuczjsxpmp9558]

@@dukex12 Maybe so, but that doesn't change the fact that reasonable hardware stores don't need to add a 6th location, especially not in a town that already has a well run hardware store and that isn't big enough to support another hardware store. And the Brinkmanns obviously recognized those facts or they wouldn't have offered to preemptively buy out the existing store and hire its owner to manage their new store. Their message to the existing store owner was clearly: sell out now or we can lose money in a town not big enough for two stores longer than you can lose money. Competition never had anything to do with it, if that's what you mean by "the market sorting it out."

[@5ryane]

The tax payers suffer for the expenditures the city is paying to fight this in the courts and the loss of revenue that would be generated by the new hardware stores business.If this injustice of eminent domain was brought before the tax payers of this city maybe they would be mad as hell- and vote out the people making such poor decisions and costing the tax payers their hard earned monies.

[@positively_broad_st3780]

Nobody in that town wanted to do anything with that parcel or cared about it until someone stepped up and purchased it, plan in hand. They're like selfish children that don't want another kid playing with their toy when they haven't touched that toy in months. And you know that, after all of this, once the store opens - the residents will shop there anyway. I looked at the street view map. That little town is not crowded and densely packed. They're fighting this out of pure pettiness...🙄

[@nicclark9791]

That was 350 more for under the table guys and 30 some K for impact study plus impact, they must think its like Homedepo or something, no its some guys putting there @ss3s on the line for a whole lot of debt.

[@michaelfiller3452]

I used to live in CT, although I left prior to Kelo. It made me so mad. And it worked out so well for New London, lol. The place is now a city dump, the planned user up and left, took 1500 jobs and the tax base with it. In Back to the Future George McFly tries to stop the rape of his future wife and says "No Biff, this is wrong". The Jamesport city council is full of Chutzpah, and something unmentionable.

[@pathfollower]

This sounds to me like organized crime. I lived in NY state for several years. I've heard lots of stories about construction and land deals. A very real scenario might be the corrupt powers that be, tell the hardware store owner, "no, you will sell at double the agreed upon price, and then we will get 30%. We will put the squeeze on to make sure it happens. I remember when the mayor Of Syracuse went to prison for the no bid contract he awarded a contractor to build a parking garage at the airport. The mayor got busted after the contractor tried to write off the $50k bribe that he had given the mayor, on his taxes. 😂 The mob was already back tracking on the mayor, knowing he was getting too sloppy in his graft. They had put him in power, but they just let him fall.

[@realeyesrealizereallies6828]

A huge store like that would add alot of jobs and tax revenue for the town, as well as benefit all building projects and citizens in the town, which makes this really bizarre..But, the government picking winners and losers is standard operating procedure..Most just don't have the resources or avenues to fight and win..

[@patrickcleburneuczjsxpmp9558]

Maybe the local hardware store remaining in business instead of a hardware store chain starving out the local hardware store so it can monopolize the market -- is Walmart a family business if the Waltons own it? -- is what would actually benefit the town.

[@steveshiriaev5750]

This is happening all over country, and city attorneys are usually behind it in my opinion?

[@FuckALLauthorities]

You are too kind, they are thief lawyers with their own legalese language to F us all.

[@thirdspacemaker9141]

City attorneys are the worst! I bet they have a special section in hell.

[@shayhoulihan4391]

Shay checking in from dublin Ireland thank you ❤❤❤

[@BirdDogey1]

A common use of eminent domain of businesses occurs when a massive redevelopment project is planned. A property owner has a parcel that are unwilling to sell. These are often strip malls that are not kept up. Sometimes they have foreign owners who have little interest in the holding. The city will use eminent domain to buy the property and convert its use. For example, a strip mall that generates very little revenue is in a prime location. Sometimes they require frequent police response. The city is courting hotel chains which are big revenue generators. The owner of the strip mall chooses not to sell. The city would then use eminent domain to purchase the property and enter into an agreement with X for its development.

[@kadengundersen498]

Don't forget to mention that the developer is a sibling or buddy or family member of a city council member, usually.

[@avandurion]

"Regular application process takes 2 years" that in itself is insanity, takes longer to pass papers around than to do construction, and thats "regular" amount of time.😮

[@jaimeortega4940]

I remember as a kid in the early 90s Baby Bush wanted a new a baseball stadium on farmland that some old farmer didn't want to sell. Thats his business. Well, Bush "imminent domained" the farmer's property for the "good of the population." Schools I get, highways I get, hospitals I also get. Baseball stadiums are not "crucial infrastructure" for the population they are merely entertainment. Needless to say, I still don't get that one.

[@IdgaradLyracant]

More tax revenue. The farmer is just paying property tax and some basic income tax. A stadium means every ticket sold, every concession, every venue rental, the government gets a cut to fund government... while everyone skims a bit from that. The answer is always "More tax revenue".

[@jaimeortega4940]

Right but it's still not "crucial infrastructure." The bigger point is if someone owns property and doesn't want to sell it for entertainment value and perhaps some "government fees" he shouldn't have to. Its legalized theft with the "look and feel" of something legitimate when it's not.

[@BirdDogey1]

@@IdgaradLyracant Farmer isn’t even paying property tax. Texas has an ag carve out.

[@BirdDogey1]

@@jaimeortega4940 A major league stadium produces huge revenue for the city as well as many jobs. The construction alone is a major job creator.

[@BirdDogey1]

@@jaimeortega4940 It’s crucial infrastructure in the sense the revenue funds public safety and public works.

[@culturewarsdiplomacy]

Eminent domain like civil asset forfeiture are ideas that had merit before Supreme Court decided to not do their damn job. It is for the public “use” not any “good” that might come from building a mall and people saying “no we want to keep our houses than you” and taking property as a evidence and forfeiting it if it was involved in a crime should require proof their is a crime and that the money was apart of before it is taken

[@culturewarsdiplomacy]

Minor clarification if it is being held as evidence that is different conversation but does have its own issues that may over lap but not a one to one conversation.

[@CHMichael]

There is "civil" and "criminal " forfeiture. One is taking without a specific crime the other one covers the scenario where money can be connected to a crime. Requiring a public vote on eminent domain might be one requirement that proofs the public need.

[@mikealvord55]

Two things. 1 read Sandra day O’Connor dissent. New London vs Connecticut.. 2. As much as I hate what New York is doing here I find your statement Supreme Court not doing its job is ridiculous. I’m sure every woman in the country thinks they didn’t do their job with Roe v. wade. Southern states didn’t agree with Brown versus Board of Education because we disagree with her conclusions. Doesn’t mean they don’t do their job. You’re acting like a Democrat when you say that.

[@mikealvord55]

Do you donate to IJ or just post?

[@thystaff742]

Eminent domain is unconstitutional. No one should be forced off their property.

[@nicclark9791]

If you think thats bad, how would you like an empty 1 acre lot pretty much surrounded by residential homes terrorized by a business that spews there business onto the street blocking driveways, making excessive noise "over 75db" at all hours on the neighbors, flooding out neighboring properties, putting up large spot lights aimed at homes, ignoring buffer and other zoning codes not to mention no permits, threatening to shoot people and harassing people to sell them there property and if they don't they threaten that they will make you want to sell. The list goes on and our city officials refuse to enforce anything, a complete blind eye to our rights. We have documented everything, wrote letters with signed petitions only to be ignored and they even try lying to us in writing and have even tried to retaliate against us with frivolous actions. Our pockets are not that deep so our hands have been tied and have been forced to endure some pretty bad living conditions with the garbage that they are deliberately spewing out at us. Oh ya, the place is a mess, mud and junk and barely developed, just rolled in on a dime.

[@larrybolhuis1049]

I agree that this is infuriating and just wrong! Thank you IJ for supporting the ‘little guy’ against a tyrannical government!!

[@weeziepuff13]

It all comes down to the actions of individuals. In this case, it sounds like the greedy, corrupt town lawyer.

[@drbichat5229]

They should name the city officials by name and how much they are costing the city so the voters get them out next elections

[@onenote6619]

It's not about right or wrong. It's about who can pay the lawyers more. This is Capitalism, like it or not.

[@robertewalt7789]

Not capitalism, abuse of government power.

[@jerrycallison6125]

Negative. This is fascism.

[@ericgardner5548]

Kelo resulted in no development which was sad in the end. People lost their homes and nothing was built.

[@Nemo-ff9he]

Thank you IJ for protecting us from our government

[@jameshepburn4631]

This being New York, the next move would be to give the Mayor’s home address to Louie The Torch. Or you might contact Stiletto Pete Snuff when his parole violation term is up.

[@YouMatter-UDo]

There is a city near here that tried to take several nice houses to build a large shopping center with anchor brand stores near STL in IL using eminent domain. A resident noticed his property tax went down for a couple of years when it never does in that area. Turns out the city manager was one of several people who intended to drive the assessments down to help the developers before they stole the property. It went into the media and they got their hands slapped lightly. The center went in across a major highway from there instead. The city I lived in a few miles from there during that time had a large subdivision of nice homes taken by eminent domain as well. Residents fought it for a long time, but lost those cases. They trashed a stable, long time neighborhood. Lowe's anchors that shopping center now, but several other stores that went in went out of business. Vacant land was available nearby in both cases. The developers weren't satisfied with the subsidies they always tend to get in the area. They wanted MORE!

[@davidstallard2235]

This is why I enjoy watching Institute for Justice because you’re helping the small guy taken on the government

[@DblIre]

What would happen if they bought the parcel next door? Would the city decide to suddenly make THAT a park??

[@chicagosteakcouncil]

RICO? If you can prove local government is conspiring with the other hardware store?

[@nicclark9791]

I'm a guy that has spent more than 40 years in my professional life buying lots of items from my local hardware stores. In the last 20 years they have disappeared and the last one on the entire north side of a 650,000 people city was unfairly taxed out. It was a True Value. Now Milwaukee for its entire north side has no hardware store, it has hurt me and many others having to drive 10 miles plus. I feel for you brother.

[@jdgoesham5381]

This is why I record everything and save everything. Audio and video. Even when on my motorcycle I have a GoPro and Garmin Mini recording the rear view. I want any proof of fuckery that comes my way...Though I'm not sure what NY's laws on recording calls are but here you can without telling someone. Which is how it should be unless it's a legit confidentiality law issue like lawyer-client or therapist-patient.

[@BlackJesus8463]

2nd Circuit needs an exorcism!

[@bmacd2112]

Political corruption has always been a problem in major cities across the USA and NY State is no exception. But in recent years it has spread across NY to include almost every city and town. For the life of me, I don't understand why any business would want to be in New York State at all!!!

[@Blink-Ensu]

When a large chain of hardware stores cant afford to legally fight something like this what hope does any single person have? IJ is great and all but our system has some very large issues to reconcile that the necessity of IJ makes clear. Also, they asked Brinkmann's to double their offer to the existing private hardware store. How does this follow up of red tape and imminent domain on their refusal not qualify as corruption for the benefit of a private party?

[@SmokinBuddha]

It took my friends nearly three years to open a bubble tea shop in Garden City Park, Long Island. It's absurd how long it takes to start a business in Long Island.

[@philh8829]

One thing i have seen in every town I’ve ever lived in is city officials seizing land to protect their pockets and interests, or selling seized City properties to their own private companies at steeply discounted rates with massive tax breaks. I don’t understand how there aren’t laws to stop this. Conflicts of interest and ethics violations galore.

[@AaronAlso]

I have to know is the "business down the road" is it a corporate big box store? That would make so much more sense. I just can't imagine why local politicians would lay their heads on the chopping block for some old high-school buddy. Unless that buddy has been helping them hide bodies for 40+ years.

[@5ryane]

Remembering a thriving business next to the LA. airport.A large manufacturing business wanted the property for a lot of business reasons because of the proximity to the air port.The business that owned the property did not want to sell as they were growing and doing very well.The City of LA took the property under Eminent Domain and sold the property to the business that wanted the property.This went to court and the courts ruled that the city was justified in the eminent domain as the bigger business would provide more jobs to the public and tax revenue for the city and county.

[@dylansloboda4781]

At this point, couldn't this become a RICO suit?

[@markbrown1609]

In the world of hardware stores, the mom-and-pop shops often steer you right. But occasionally, even at Lowe's, you'll stumble upon someone who really knows their stuff. I've found that striking up conversations with fellow customers, especially in the electric section where electricians often hang out, can yield invaluable insights and tips. But mom and pops never lead you astray. Ashame eminent domain closing down American retail

[@patrickcleburneuczjsxpmp9558]

But isn't this a case of IJ defending a hardware store chain (albeit one close to a mom-and-pop shop than to Lowes) crowding out the real mom-and-pop shop?

[@realeyesrealizereallies6828]

It's criminal that the government would cause a business owner all the expense of needless study after study, and then resort to stealing their land..That could cause most honest hardworking American business owners to go bankrupt..I would guess that the odds are against this family though..

[@lprice5583]

Keep fighting the good fight.

[@HM2SGT]

It's another example of the golden rule. You know, *_He who has the gold makes the rules!_*

[@tapiolankiira1968]

There is trees at the lot, but it looks too small and isolated for park + it currently is not at recreational use , not it is placed at location where public use would be natural.

[@frankvandalen6524]

Sounds to me like a few people need to be removed from their positions of authority...by force if necessary! It sounds like the city council needs to be humbled.

[@freethebirds3578]

As long as this case has been going on, it seems that the citizens of the community keep voting for the corruption.

[@CJRock-xn5qf]

Bottom line is, money for someone with connections to the city board. Emminent domain is just the mechanism to effect the end result.

[@CptKirk-yt2qx]

No one cares in the long term if you are being robbed, unless it is a billionaire bitching and moaning about how unfair it is in front of a podium.

[@adeptusmagi]

So basically the other owner decided he knew a few people on the town government side of things and decided to do a shake down to get more money

[@partycakes456]

I'm surprised there aren't more Marv Heemeyer type stories.

[@claudeyaz]

There is another problem..why is America main street in such bad situation...and gov seen as such a overwhelming power..that anyone could see this as ok..

[@JH-pt6ih]

What "gov" has suck overwhelming power? You think the federal government controls Mainstreet USA? Need to take a civics class.

[@NoManClatuer-pd8ck]

Every one knows when you can't reach IJ you call the A-team or build a homemade bulldozer tank.

[@keysautorepair6038]

How do you have any rights when government has a way around every single one and qualified immunity if they do violate them?

[@ckva7888]

Freedom is your government allowing you to choose from a list of options they provide. Liberty is making your own list. The Constitution is designed to protect and promote liberty not freedom.

[@mikealvord55]

I donate regularly to IJ. You should too. Two GREAT organizations, IJ and FIRE!

[@skibum4u2]

Unless the courts are in the bag for the city. The city has to prove "need and necessity" in court. Given the available property next door it would be hard to prove necessity. Empty public land produces no tax revenue or sales taxs.

[@vickijohnson9367]

It’s not “courts”, it’s feeding cases to a corrupt judge. It’s a good old boy political structure that costs United States citizens millions of dollars every year.

[@Hardenbergh3]

Marvin Heemeyer has entered the chat.

[@tomseddio1995]

I owned forty acres outside of town. They decided that they wanted to extend city limits against the countie's residents will out past my property and put me into their jurisdiction. They did this because the corrupt city and county commission was developing the land around me using county and city money and assets. The fight wasn't too hard because I had enough incriminating evidence on them to destroy their lives. They excluded my land from the limits that they extended, so I didn't do anything either. I had the highest point around, and they also wanted my land for a water tower. I refused to sell them the piece that they wanted for it and built a log house there instead. A big one!!!!! They kept trying to buy my land for less than it was worth, so when I decided to sell, I intentionally sold it to a very rich, good man who they hated. The land was now not in city limits with it all registered and documented well so as not to worry. The man I sold it to is developing it right instead of cheap junk houses. If you want to protect yourself in these situations, sometimes spending some time with a camera in places no one expects you to be is wise. Lol. I had sooooo much dirt on them that I really should have got the feds involved.

[@YourCapyFrenBigly_3DPipes1999]

The feds may or may not have done anything, but it's cool you were able to stand your ground. Not offering you the full value of your land was definitely a red flag that they didn't have ethical intentions. Just how did you get so much compromising information I'm curious now ... All local government comes down to is a bunch of self-serving assholes if not outright crooks profiting at the public's expense and hooking up their corrupt crony buddies with sweetheart deals. Nothing new under the sun. I guess it will never change.

[@thirdspacemaker9141]

I want to believe this so badly. Great story!

[@tomseddio1995]

@@thirdspacemaker9141 I never lie. One thing about me is anything that I ever claim, I can support.

[@charlesesseltine7054]

If this were to stand, I could see a small town somewhere deciding that wherever certain parties (That they deemed undesirable, of course!) planned to build a mosque, temple, or synagogue, would be a good place to put a 'park'. And the planning commision could stymie any attempts for the affected parties to relocate anywhere with their jurisdiction by EDing any parcel they try to acquire. They could effectively have Redlining parcel by parcel. And if they are beyond inquiry, then what is the remedy for the injured party other than to leave that town and try elsewhere. This could be the modern segregationist's dream ruling. Think of how they could even move to ED existing properties using this ruling. That synagogue that has been peacefully meeting for decades-- Park Low income housing used by immigrants, or migrant farm workers-- Park LBGT resource center-- Park (Heck, let's really get petty.) Christian denomination that the local denomination never liked-- Park Competing businesses like the story above tha have stores already built-- Park...ing lot for the other one.

[@marciawade8813]

Hasn't some of the big box stores done this throughout the country, often to the detriment of local small owner businesses & towns? Or taken away Veterans' fixer up dream homes... like the Hahn controlled LA council did for business friends. Embarrassing headlines usually Result in: > Voters are kicking put autocratic mayors & boards for their autocratic acts. We voted out our mayor who was a shoe-in for Governor after walking through big box stores who replaced small business owners & jobs like Walmart, Costco, Sams & Walgreens... often creating blights, costing increased policing but not increasing promised taxes... then often close stores for under-performing?

[@latkhat]

As a retired Sr. Right of Way Agent, Eminent Domain (ED) is a familiar subject, and as a same time, I have seen many local public agencies abused it. Kelo (Kelo v. City of New London) was a wakeup call to many local agencies! In most cases when exercising ED, it requires local agency to adopt a “public project” which an approved Environmental Sturdy/Impacts is a must. I didn’t hear whether or not the Town had it in your case. Many years ago, there was a trucking operator contacted me inquiring to buy a piece of excess land along the soundwall located in the back of his property. I went visiting him and saw that he already had a very large lot. When I asked him if he intended to expand the business, he told me that the City had asked him to “dedicate” a 30 feet strip along the frontage of his property in exchange for a renewed business license. I advised him to go back to the City and requested the City to put in writing. I have never heard from him, so I assume he got his licensed renewed without the “dedication.”

[@hotpuppy1]

Peoria, IL took an entire block by eminent domain to give the land to a developer to build a CUB Food store and a strip shopping center. Cost the taxpayers a lot of money. CUB Food went out of business less than ten years later and the property sat vacant for a few years before the local hospital to an out patient facility. It is off the tax roles now. I grew up in that city and NEVER want to move back.

[@invictusbp1prop143]

The town officials there are so slimy and scummy to pull such obvious crap and outright try to extort them for 350 grand! Like the lawyer said, it’s not like they’re opening a strip club. They even did the absolute mist honorable thing they could do by offering the owner of the little hardware store there a fantastic deal to buy his business at a fair price and offered him a job in their new store. You ever hear of Home Depot doing that when they move into a town and put long existing family run stores out of business? Hell no. They don’t give a damn about anybody or anything. If their studies show there’s enough people there for them to make money, they don’t care what it does to anyone else.

[@ZelosZelo]

also, eminent domain should ONLY apply to property needed for public use like highways, roads, government buildings, utilities and NEVER any private businesses. Do we want the one with the most money winning everything? Is that what our government has turned into, just a battle of money and willpower? It sure seems that way.

[@moicus29]

I guess they'll think twice about being cordial with the competition next time

[@patrickcleburneuczjsxpmp9558]

I think it's dishonest to use the word "competition." The Brinkmans never had any intention of competing; they knew the town wouldn't support two hardware stores they offered to preemptively eliminate the local hardware store and plan B was surely to force both his and their stores to operate at a loss until the competition gave up. Either way the goal was to eliminate competition and not through competition.

[@joshuabekel9700]

It's ridiculous this has gone this far. Surely, the city has wasted far more money than it should have. The council, etc. have not been replaced?

[@TankR]

The sobering reality that people today are finally realizing (yet still not cluing into the actual problem) is that the vast majority of these rules and regulations rely on the people with the power to enact them to do so with integrity. It is the lack of this internal integrity that is the root problem. It is the product of shitty behavior. And do you know what the problem with all of that is? You CANNOT regulate away shitty behavior. So more regulation is not the solution. The solution is to stop being dicks to each other and not be petty garbage people. And yet, more and more pretty looking with a nice sounding elevator pitch trashy people are allowed to wield immense power. Which people will be A-OK with....until they use that power against you. If using that power is wrong, its wrong. Using it in a way you agree with is irrelevant. Because all that means is your side isnt the bad guy so its okay (but suddenly is the bad guy when its not something you agree with). And that is such a narrow minded mindset I dont have the words to convey the level of malicious ignorance required to see that as acceptable.

[@functionmaster1503]

You need to change the thumbnail type and background it looks very similar to advertisements. This caused me to ignore your video until it was put lower in my feed where ads don't appear.

[@additudeobx]

Power On IJ.

[@superman9772]

when you look at the town and where different types of businesses are located and where the proposed hardware store location is then you can understand what's going on... you got a large lumber yard, building supply and interior design business within walking distance of the proposed hardware store in a town that's maybe 10,000 people and the proposed hardware is like one of the few empty spots left in the town... BUT, the town ought to pay for this family's investment and time as the town failed to foresee (or ignored it ) this event years ago... when the family bought the land years ago then the town should have realized that the family was at some point going to build a business there (that's common sense and good town planning), the family ought to be paid fair market value plus their costs of all the fees and work they had to put in

[@TillmanBaker]

Any good used komatsu dozers available near you?

[@dasfahrer8187]

The people running the town are the same a-holes that run HOA's and make it impossible to live in certain neighborhoods. Anytime someone like this runs, they need to be called out for the Karen/Keith they are and kept far, far away from the levers of power.