Words from the Rising Republics

May 20, 2021

 

The internet declared that $75,000 in 1912 is adjusted to the same value in 2019, $1,940,152.

J.D. Holman of Ozark, Alabama spent $75,000 in 1912 for construction of his residence at 285 East Broad Street in Ozark, AL. The cost of renovation in the 1980s, including an addition of a 60% increase in usable space, was made for only $3,759,216. The effective renovation cost does not include the $173,000 per year in maintenance and operation expenses.

The City of Ozark performed its sovereign powers as a public entity and took the property without making any “just compensation” for the taking of private property for public usage. The City of Ozark did surrender public taxpayer funds to Nathan E. Hardwick, a convicted felon, as the only bidder at a simulated foreclosure auction. The auction was necessary in order to give the appearance that it was legal to pay only 6% of the property’s “appraised value”, especially on property that had no proven encumbrance and in no default. The lawful rental cost for the last eight years has risen to millions.

“No title is conveyed through the sale when a party who lacks a right to enforce the note proceeds with foreclosure sale.”

The US and Alabama Constitutions enacted law that forbids the taking of private property without “just compensation”. Alabama laws are more severe.

Courts in Alabama differ from the normal rule, as they have asserted that the court of equity should award damages even though no other type of relief is sought. An Alabama court stated:

     If the county through its duly constituted authorities without the consent of the landowner whose title and possession is not disputed takes or undertakes to appropriate private property for public use, a court of equity will intervene and require just compensation to be made. Id. at 137-38, 43 So. 2d at 116.

     The city had the discretion to acquire an airport or not to acquire it, to take this or that land or not to take it. It did not have the discretion to take land without paying for it. After the taking the duty to condemn became ministerial.63 Brown v. Murphy, supra note 62, at 321, 47 A.2d at 597.

The old adage that one cannot fight City Hall has proven merit. No court of equity exists in Dale County. The tragedy is that the values of similar items have increased from 1912 to 2019, 25.8 times. The value of the dollar continues to decline. What is even worse in that there has been a similar free fall of integrity. “Legal Plunder” is now the rage.

“There is now no condemnation”, that is just the way it is.

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