Airport Access Road Eminent Domain Facts?

[GT]

Hi all I'm putting toghether some information concerning the Airport Access road and the eminent domain takings that are occuring in Londonderry. Unfortuneately It's too late for the protest tommorow. If anyone can supply information or details I'd appreaciate it. Thanks.

[Russell Kanning]

If you could get together any info, you could make a flyer. We also could point them here or somewhere else for when you do get all the info together.
It is always hard to get the real info .... the government is good at hiding it, reshuffling the cards, sending out bad info.....

[Russell Kanning]

Hey GT .... I got an email from that Brian Farmer guy where he doesn't answer any of your questions. Should I post the content or do you want to? I thought it was funny. I must be one of those guys "biased against Emminent Domain" too, since I am biased against theft and corruption also.

When you gather up more facts, please send me an article I can put in the Keene Free Press.

[GT]

I've been "warned" by the Council not to post any emails they send unless I tell them in advance that I will. Of course I suspect that the response would be somewhat different. Yor email your choice.

I also heard through the grapevine that at least on Londonderry resident was cautioned not to attend the protest. Something about it not being a good idea to associate with those people.

Once again just my opinion...

[Kat Kanning]

I also heard through the grapevine that at least on Londonderry resident was cautioned not to attend the protest. Something about it not being a good idea to associate with those people.

Who us?  LOL!

[Russell Kanning]

I only got to the "Telling you what I think....would be very difficult" part. I can't really listen to polititians. Thanks for all you are doing GT.

Sent to me:

Glenn,
I hope you don't mind that I added Russell to the distribution, some of what I am providing here answers some questions he had in an earlier email. I must admit that I find it a bit strange that you would be asking me for input to an article.? We all have biases and I believe that any article that you write would have a bias firmly against eminent domain.? That's understandable to me as when I have a particular bias I generally write my own articles as well.? It is an effective way to communicate in writing without the worry of being misquoted, as happens with reporters from time to time.? You could choose to misquote me in the article you are writing. Is that your intention? Too often interested/vested parties rely on the use of hearsay statements as fact. If you are relying on hearsay and press reports about this issue then you may already be off track.? Have you researched this to the point that you are using confirmed sources of information such as the public record available at the State, in Londonderry, the Airport, City of Manchester, etc?? All of that is a tedious task but it can be done, not doing the research means that someone can easily pick apart your article.
Telling you what I think in this specific case would be very difficult to do for a variety of reasons.? There are a variety of complex influences on this issue and it's also a matter of perspective.? My perspective is based on a variety of observations including my personal beliefs about the subject of eminent domain, personal opinions about some of the players involved, concern for the potential long term ecological impact if the Little Cohas Marsh were to be drained, and my "professional" role in all of this as a member of the Council.? For some it's always black and white, for me it almost never is.
On the subject of eminent domain, the founding fathers chose to allow it.? It is allowable under the law and the recent Supreme Court case affirmed that.? That ends the debate in one sense.? It doesn't mean that we have to agree with the courts decision.? There does need to be a modern day look at the issue and many states are doing exactly that.? ?When you say "hundreds of acres" and "approximately 70 property owners" do you have a specific reference that indicates the exact acreage and who all of the affected property owners are?? The various press reports all quote the acreage differently.? I have seen it reported at anywhere from 600 to 750 acres.? ?Of the "approximately 70 property owners" several have already willingly sold parcels of land to the State.? While I don't have the exact number, NHDOT might.? So while some like Al Baldasaro object to it, many others don't.? What's the ratio of affected property owners who object to those who have already willingly sold their property? That should be the real focus of any discussion going forward.? ?As representatives of the Town of Londonderry, the Council had no legitimate role to play in this case.? The Town legally had and has no standing.? As a result the States rights and legal standing in this case trump the Towns interest.? Some would like to portray this differently; some feel that we should have done something and that our actions would have prevented this from happening.? I am sure some may think that either one or all of the Council should have raised the figurative drawbridge and defended the property rights of a few of our citizens against the State.? Public comments made at the Town Council meetings where this was discussed indicated that more affected property owners favored the sale than objected to it.? As to your question about whether the Town Council supported the affected landowners, which group should we have supported?? As elected representatives our actions are governed by State Law and Town Charter.? Under those guidelines none of us acting as individuals have any standing.? Anything that any of us might have done as an individual would have been just that, an individual act and not an official act.? ?Several months ago the Council voted to sell approximately 90 acres of marsh land the Town owned in the Little Cohas to the State for this project.? You could take the view that this sale was simply the Town playing ball with the State.? From my own perspective as one Councilor the impact mitigation was a requirement that had to be met and the Town's selling a parcel of unusable marsh land reduced the amount of acreage that would need to be acquired or taken from private landowners.? One point made by myself and others on the Council was that all property owners should be dealt with fairly and that the State pays fair market value.? ?That fair market price has been the subject of much debate. Some believe their land might eventually dry out enough to become buildable if the State drained the Cohas. Others believe that draining the Cohas will not make the land in question usable, beaver activity in the area will simply re-flood the marsh.? I don't have any expertise in the environmental science needed to determine the facts so I have to rely on the expertise of others.?
The "experts" all seem to be saying that the land will remain unusable and that draining the marsh will have significant negative impact on our environment and water resources as the marsh acts as a filter for the water table in the surrounding area. While not an expert on assessing practices I do have some insight into land value as a member of the Council and the Planning Board.? One thing that I do know is that the market and assessed land value of any property owner is affected by the amount of wetland area.? The reality is that the wetlands aren't worth much market wise and as such they do not artificially inflate the value of the total acreage of any parcel.? Since Al is the man out in front in this case I will use his property as an example.? Wetlands were a factor in determining the price he originally paid for his property, essentially lowering it.? The property taxes he pays today are based on that lower value.? If the fact that nearly 5 acres of his land was wet was not a factor then Al would have paid more to buy it and would now be paying property taxes on land that would be valued at a much greater amount.? One acre of property recently sold in Town for $170K.? If Al's wetland property were valued in a similar way, his 5 acres under threat of being taken under eminent domain property would be valued at around $850K.? Adding that to his remaining property at the site and Al would be getting hit with a property tax bill based on a market value of over $1M.
Switching gears a bit it strikes me as a bit ironic that your "activist" base is now mobilized to fight an issue largely influenced by another group of activists.? From everything I understand about this particular project and others like it, the size of the mitigation package was heavily driven by outside interests.? In this case the Conservation Law Foundation played a major role early on in determining the specific routing that the "Airport Access Road" might take and what the mitigation package would have to look like.
Their activism was in support of minimizing the environmental impacts this road might have.
Their activism was biased by a special concern regarding the impact to Bald Eagle nesting sites along the Merrimack River.? The formulas used to determine how much land would have to be acquired or taken were heavily influenced by these conservation activists with the cooperation of other interested parties like USEPA and not the NHDOT.? I am of the belief that the State of New Hampshire does not really have much to say on the size of the mitigation package. To be fair feel free to answer some of the following questions: Where do you stand on the issue of protecting natural resources like Open Space?? Assuming for a moment that you are in favor of Londonderry's Open Space program, how would you have felt as a Londonderry taxpayer if the Town had entertained Al's offer to sell his wetlands and used Open Space funds to do so?? What price would have been fair in your view, market value as demonstrated above or value based on a price per acre of buildable land?? What made you choose to live in Londonderry? Would you prefer to live in a Londonderry where we hadn't preserved any of the several hundred acres that we have? Should we be working to protect natural resources like the Cohas?? Are you in favor of such efforts but merely biased against governmental protection of these resources?
Regards,? Brian
P.S. Isn't it ironic that I am viewed as a lurker by reading the NH Underground forum without posting and you come and sit in all those meeting never saying a word making you a somewhat a lurker as well.

To: Brian Farmer
Subject: Eminent Domain In Londonderry? Brian, I'm writing an article concerning the use of eminent domain in Londonderry. The creation of the airport access road is taking hundreds of acres from Londonderry residents. I would like you input.
Do you support the State using eminent domain in this case?Will these takings benefit the town of Londonderry?Approximately 70 property owners are affected. Do you feel the town has supported them?
Feel free to add any additional information. I will be submitting the article to several different media sources when complete. Best regards, Glenn T Douglas

[Russell Kanning]

Oh yea .... that was from Brian.

[GT]

GT, who is the first long letter. Is it Brian and what is his relationship to Londonderrry?

The email was from Brian Farmer he is a Town Councilor it was in response to my email at the bottom.

[KBCraig]

GT, who is the first long letter. Is it Brian and what is his relationship to Londonderrry?

The email was from Brian Farmer he is a Town Councilor it was in response to my email at the bottom.

Pissy little twit, isn't he?

I can't believe he challenges you to prove the number of acres and number of landowners affected, then calls you a lurker.

So, "Brian"... speak on up!

Kevin

[GT]

At tonight Londonderry Town Council meeting the Chairman of the Budget committe expressed concern of recent statements made by the Executive Council. Apparently some of the Exec Council have expressed concern that the access road is NOT needed and will primarily benefit only one town.

Further comments indicated that without the access road the developement of the industrial zone in North Londonderry would be hindered.

I'm probably missunderstanding the comments. But wait we video tape all council meetings. I'm sure at least one of the three remote controlled cameras installed in the conference room can shed some light on it.

[GT]

GT, who is the first long letter. Is it Brian and what is his relationship to Londonderrry?

The email was from Brian Farmer he is a Town Councilor it was in response to my email at the bottom.

Pissy little twit, isn't he?

I can't believe he challenges you to prove the number of acres and number of landowners affected, then calls you a lurker.

So, "Brian"... speak on up!

Kevin

The difference is when I attend a Town Council meeting I'm sitting in plainview and beleive me they all know who I am. I'm not sitting outside the council chambers with my ear to the door hiding in the hallway.

[Kat Kanning]

So londonderry was actually behind this whole thing?

[Russell Kanning]

Since when is lurking a bad thing for the average person? On the other hand, politicos are responsible to the rest of us. If you don't like the heat, sneak out the back door of the kitchen.

I think I am channeling dawg.

[Russell Kanning]

At tonight Londonderry Town Council meeting the Chairman of the Budget committe expressed concern of recent statements made by the Executive Council. Apparently some of the Exec Council have expressed concern that the access road is NOT needed and will primarily benefit only one town.

btw ..... for those outside of NH ...... the "Executive Council" is a Statewide body under the governor.

[aworldnervelink]

Brian has provided us with a wonderful example of democracy operating as mob rule. Apparently in his viewpoint if the majority of landowners wish to sell then the opinion of the minority is completely irrelevant.