‘Which Part Of ‘No’ Does Wal-Mart Not Understand?’

An editorial from the Contra Costa (Calif.) Times:

Once again, the city of Hercules has given Wal-Mart the boot.

For the second time this year, the City Council voted unanimously last week to invoke eminent domain to block the giant retailer’s plans to build a megastore at the future Bayside Marketplace along John Muir Parkway.

The city says it is within its legal rights to force Wal-Mart to sell the 171/4-acre parcel because the land is afflicted with “blight.”

The legality of the city’s use of the eminent domain law is questionable. City officials recently offered to pay Wal-Mart $14.5 million for the land --$1.5 million more than its offer earlier this year.

The hefty price tag hardly supports the argument that the land is a physical eyesore or economic drain on the city.

The matter ultimately will have to be resolved in the courts. In the meantime, the land will sit vacant and neither the city nor Wal-Mart will be able to develop it.

Yet one can’t blame the city for using every weapon in its arsenal against a bully with unlimited pockets that seems determined to proceed with a development many Hercules residents want no part of.

Mayor Trevor Evans-Young and the rest of the City Council are to be commended for standing firm in their fight against the world’s largest retailer in a David-versus-Goliath struggle.

Hercules residents drafted a plan for their city and what they want it to look like. Residents envision a pedestrian-friendly waterfront with small shops.

They don’t want to look like every other town and city in the United States that has been overrun by big-box stores that run local shops out of business.

For that very reason, city officials set a 64,000-square-square foot-store limit at Bayside.

Wal-Mart was well aware of that limit when it submitted plans for a monster, 168,000-square-foot store. But company officials showed disregard for the local regulations.

When the city rejected that application, Wal-Mart returned with a proposal for a 99,000-square-foot store.

Which part of “no” does Wal-Mart not understand?

Wal-Mart has accused Hercules officials of acting in bad faith through their “illegal” use of eminent domain. They may be right on that score, but it is Wal-Mart that has been acting in bad faith.

If the company wants to build a store in Hercules, it needs to work with the local community, rather than attempting to bulldoze its way to what it wants.

  • Click here, here, and here to learn more about Hercules’s residents fight against Wal-Mart.

Posted by Russ Fagaly on Monday, December 04, 2006

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COMMENTS

wonderful… you go government use that imminent domain to do whatever you wish.... pretend like it is for the “common good” or for the people and make it look all nice and no one will notice that tyranny is lurking behind that giant curtain as the wizard once said… pay no attention to the man behind the curtain.... and even better you all are proud that it happened.

bruce davis in conway, ar
Tuesday, December 05 at 03:08 PM

We should NEVER question Wal-Mart’s motives.  They ARE GOD!

AMEN

Bob in Hazlet, NJ
Tuesday, December 05 at 03:59 PM

bruce davis in conway, ar

Bruce, for someone that “claimes” that he is NOT a pro-WAL*MART blogger, you sure couldn’t prove it to me. I have NEVER seen a blog that you have failed to post PRO-WAL*MART in your remarks. wouldn’t you call this a bit of a FALSE statement. or in other words an out and out lie? I know for sure that I would. Lets just call a spade a spade here. 

DAVE SMITH
PROUD UNION IRONWORKER

IRONHEAD in idabel oklahoma
Tuesday, December 05 at 05:14 PM

They pay a few of them at the top like they are God.

R E M E M B E R
J O N Q U I E R E
Q U E B E C

H O M E

O F

W A L M A R T

W O R K E R

A B U S E

Alex in Ontario, Canada
Tuesday, December 05 at 05:16 PM

“Wal-Mart has accused Hercules officials of acting in bad faith through their “illegal” use of eminent domain…”

Wal*Mart has a ZERO chance of winning this case.
There is too much precedent existing from the U.S. Supreme Court giving states and cities very broad rights on the matter.

But still, what drives a corporation to push itself into a community that does not want them?

But there is a test to answer the local debate, it is called ‘referendum’.
Very simply, the ‘loser’ pays all the costs of a city-wide referendum, and winner take all.

cazar in
Tuesday, December 05 at 06:08 PM

Dave, I don’t give a damn if it is wal mart or your ironworking union or any one at all.... when the government uses eminent domain to do anything we should be cautious.... when they use eminent domain to take property from individuals such as in new london Connecticut or whenever they use it to deter business it is worth questioning.  The common link here Dave, is that this is an anti wal-mart sight so when you all are ranting about certain things it seems that sometimes you don’t care what the government does as long as it is bad for wal-mart.  I haven’t stood up once for wal-mart!  What I do stand up for are the principals that you as an anti wal-mart blogger usually see as a means to your end.  I discuss principles here.  For the most part economic principles and sometimes political principles.  I don’t know how that ties me to wal-mart Dave but I certainly appreciate your false accusations.  I don’t know how many times I have made that clear that I don’t care about wal-mart per se.  What I do care about are economic principles and the fear that I have that ignorance is turning this country into something that will have detrimental results to the liberties that our country was founded on.  That is what this spade is Dave.

bruce davis in conway, ar
Tuesday, December 05 at 09:18 PM

cazar the thing about a referendum under the constitution is that they really aren’t a legal form of rule under a republic/democracy where elected officials are the ones appointed to make laws.... and yes they don’t have much of a ground to stand on with previous cases that say that

1. the commerce clause gives the federal government the power to do anything they want! ANYTHING.

2.  Emminent domain allows city, state, and local government the right to do anything they want! ANYTHING.

bruce davis in conway, ar
Tuesday, December 05 at 09:30 PM

Wal-Mart is in a fix. It is itself willing at times to use a city’s or county’s eminent domain powers so as to obtain land to lease (following the US Supreme Court’s Kelo v. City of New London CT. ruling); but other times it is the victim of eminent domain powers. The bottom line is that if Wal-Mart buys land on the open market, however large and for whatever price, it is fully justified in buidling whatever size store that land will take. (Cities are entirely two-faced about this--after all, they often build huge complexes themselves, like stadiums or confernece centers.) But if Wal-Mart enlists the politicians to obtain the land, it is wrong since then it’s involved in confiscation, not a purchase.

Richard Doczy in Orange, CA
Sunday, December 17 at 07:14 AM

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