The Pink Wall issue
There have been many comments on the easement issue for the pink wall on US1 along the Bay Heights and Natoma neighborhoods.
The new wall, which will begin to be constructed next week, has to be built a few feet back from where the current wall is to allow for a guardrail. It turns out the city is not paying for the land, which I don't understand. It should be a case of eminent domain where the owners are paid for the land.
Originally, I thought the new wall was replacing the old one and that it would be contained in the same space as the old wall. And I had assumed there was a city easement there, which might allow for a foot or two -- which there is not.
I can now see residents' concerns about giving up property to the city for a project that is not really needed. What next? Take down the pink wall along Mercy Hospital or the pink wall on the S. Miami Ave. side of Bay Heights? Those are landmarks and part of the aesthetics.
Leave the freakin' things alone. The wall on US1 is ugly, but it's always been there and always been ugly. Perhaps clinging vines or ferns or some sort of plant coverage would make it appear nicer to those who seem to be bothered by the wall after so many years.
The new wall, which will begin to be constructed next week, has to be built a few feet back from where the current wall is to allow for a guardrail. It turns out the city is not paying for the land, which I don't understand. It should be a case of eminent domain where the owners are paid for the land.
Originally, I thought the new wall was replacing the old one and that it would be contained in the same space as the old wall. And I had assumed there was a city easement there, which might allow for a foot or two -- which there is not.
I can now see residents' concerns about giving up property to the city for a project that is not really needed. What next? Take down the pink wall along Mercy Hospital or the pink wall on the S. Miami Ave. side of Bay Heights? Those are landmarks and part of the aesthetics.
Leave the freakin' things alone. The wall on US1 is ugly, but it's always been there and always been ugly. Perhaps clinging vines or ferns or some sort of plant coverage would make it appear nicer to those who seem to be bothered by the wall after so many years.
posted by Tom Falco at 7:54 AM
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14 Comments:
I think the reconstruction of the wall has to do with safety. That thing will easily collapse in a bad storm, much like it did during Wilma/Katrina. As it stands, there are holes in it all over the place. If the city wants to repair it, the property owners must be paid.
But to be honest, I dont understand why everyone is making such a big stink about the wall and its "aesthetics". I can think of at least 10,000 other things that Id rather think about than something as silly as the looks of a wall on a major US state road.
The pink wall goes exactly where the previous wall is - it will be a crash proof barrier wall that will improve the backside of Natoma and Bay Heights should it be extended that far South with the property owners' agreement. The wall will only be replaced where the property owners have agreed - no one is forced to participate. It is hoped that when all see the improvement they will opt in should there still be time.
The easement allows the City to maintain the wall - nothing more and nothing less. One property owner wants to build a pool that may invade the easement and the City is working with the property owner to allow the pool to be built should the owner choose to.
The wall will not change anyone's property rights, but will immediately improve safety and appearance.
Thoughts on the US1 Pink Wall behind Bay Heights and Natoma neighborhoods.
Let’s not pressure any of those homeowners into improving that wall to help with the safety to traffic, security to those neighbors and reduction in eye-pollution for us all.
Let’s no require any of those homeowners to sacrifice any part of their property for an easement.
Let’s not tax any of those homeowners (and especially the rest of us) for the cost of improving that wall.
After all, the homeowners of Bay Heights and Natoma neighborhoods will be receiving lots of money for their decision to vote in favor of rezoning our community.
They will receive lots of money for granting Mercy Hospital/Related Group permission to develop this totally unnecessary luxury condo project.
Let Bay Heights and Natoma build or not build a better wall as they wish.
But please make sure that only Bay Heights and Natoma homeowners are the ones that pay for this wall out of their own ill-gotten gains, if they ever do receive that “Judas Money.”
The new wall will not be built in the same location as the old wall. I know because I was shown where the wall will go. Even in the Miami Heralds article, on this issue, it states that the new wall is not on the existing location of the old wall. Lets not change the facts. Even Mr. Mendez who is in charge of this project can tell you that.
In the United States, easements may be acquired by the government using its power of "eminent domain" in a "condemnation" proceeding in the courts. Note that in the U.S., in accordance with the Fifth Amendment to the U.S. Constitution, property cannot simply be taken by the government unless the property owner is compensated for the fair market value of what is taken. This is true whether the government acquires full ownership of the property ("free title") or a lesser property interest, such as an easement.
For the Commissioner Marc Sarnoff to state that the homeowners are not losing land, because they are still paying taxes on it, but are not allowed by law to use it in any way, it is simply lawyer talk. Beware in this situation “the devil is in the details”.
The reality is that when a person agrees to the plan outline by the city the owner will lose the right to use the land as they wish. Even though the city will still generate tax revenue on that land from the homeowner.
Also if anything happens to the new wall, the homeowner will have to wait on the City of Miami to replace the damaged wall. That in itself is scary.
So it’s a win, win for the city at the expense of the homeowner. The homeowners are essentially paying for the wall through the taxes that will be paid by them for the land that, by law, they cannot touch.
What I heard at the Town Hall meeting is that the wall in the stretch from the Science Museum to 17th Ave is already 5 feet from US-1 so there will be no net loss in land to the homeowners. This is "Phase 1" where the pink wall will be built first and almost all of the homeowners quickly agreed to the project.
Phase 2, from 17th Ave to 22nd Ave, is another story. There, the wall is built just a foot or so from US-1. The Hwy Dept prefers to build the replacement pink wall five feet from US-1 for a bunch of safety reasons, but the homeowners in that stretch are balking at giving up the three or so feet. So, the Hwy Dept was looking at other options for that stretch such as a different kind of wall built closer to the road. Phase 2 is in limbo and no one is pushing any homeowners to decide anything.
The Phase 1 folks at the meeting didn't seem upset about the wall except perhaps a bit sad that the vegetation they've planted to block the Metrorail noise will be uprooted and it will take awhile for everything to regrow.
That's what I heard!
I attended the Town Hall meeting on Tigertail. It was clear that no property owner would be forced to sell their land or accept a new wall. A City Administrator stated that the City has no intention of using eminent domain. Getting a new improved wall is voluntary.
From the Miami Herald new article on this issue. It took years to get most of the homeowners to agree, which is in "PHASE 1". I have been to multiple meetings, June 25th and 2 town halls, on this issue. The facts always seem to change. On June 25th Mr. Mendez had a meeting with homeowners of Phase 2 about the project. He asked for 4 feet. A few weeks later he went around Phase 2, house to house, and asked for 5 feet. He admitted later that at the June 25th meeting his information was incorrect. Now, it seems that is 3 feet. Anybody that went to the Phase 2 meeting on June 25th will tell you the same thing.
All that time the city and commissioner keep asking the homeowners to volunteer an easement.
Look, the fact is that as a homeowner I will pay taxes on a piece of land that I have no rights to do anything.
The same question every weekend:
Can you volunteer the easement?
Come on and if you don't you are not a good citizen.
By the way that was the message that Mr. Mendez said in the June 25th meeting.
Also,
How many home-owners in Miami would trust the city of Miami to repair anything, with the cities money, on their land in a timely manner?
On Monday I got a flat tire from a 3 foot hole in the road at the 4 way stop intersection of tiger tail. After which the city put up a barricade. A 3 foot hole does not grow over night.
Let’s be real.
Everybody wants a better wall. No question about it, but to ask people to give up an easement with no compensation, as well as to give up your constitutional right as a “volunteer”, after multiple request to “volunteer an easement”.
To visually be one of the walls that did not get updated is pressure alone, since it will single out the homeowner to the public as the person which did not “volunteer”.
The city should not pester folks into volunteering an easement.
The city should follow the law, and buy the land from the homeowner. Otherwise what the city is doing is wrong. It is simply a maneuver and it can happen to any homeowner if the city gets away with it.
By the way, the lots in Bay Heights are much larger than in Natoma Manors. The impact to the homeowners is subsequently less.
Forget about the wall!
If they want to make safety improvements,they should fix the sewer drainage next to the wall so that every time it rains the right hand lane is not underwater and forcing drivers to merge into the other lanes.
Anonymous 2 above me,
I NAILED that pothole (or should I say ABYSS) too! It was hidden by a giant puddle and, youre right, it was about 3 feet wide and 2 feet deep. I got 2 flat tires and a dented rim and needed an alignment after that. Ended up costing me $550. F the City of Miami. Most of the city employees are scumbags who rob us all blind anyways.
Sarnoff found some District 2 enhancement money that was going to be lost unless spent. He thought improving the wall would be a nice thing. And all he gets is a bunch of griping for his trouble.
Beats me why any sane person would want to be a commissioner. All you get are a lot of souls mad at you no matter what you do. I once heard Howard Dean in an interview explain that he once thought of being a psychiatrist but didn't like the idea of sitting around all day hearing people gripe to him about all their problems. So he became a politician and discovered that he did all day was sit around listening to people gripe to him about all their problems!
That is a good story John.
But I had no problems with the current wall, since I own my section of it as well as the land it sits on.
If the Commissioner wants to own the wall to build a new wall he has to respect my constitutional right.
So, Pay the homeowner for the new easement.
Do not ask me to "volunteer" an easement through public hearings and pressure.
Just simply pay the homeowner for the new easement that will be imposed on their land.
Problem solved.
Leave the wall alone and use the money to move the Powerlines on 27th.
The current wall looks terrible. It makes the Grove and many of its neighborhoods look like something from El Salvador or Mexico. The proposed re-building project has been in planning for years. The City has the funding. Neighbors want it. Let it go forward.
Putting public pressure on the home-owner to "Volunteer" land without compensation is un-American in itself.
The new commissioner, Marc Sarnoff, should follow the constitution before trying to go forward with this project.
I for-see some type of lawsuit against the city.
After all we are not El Salvador.
Anybody with a 1 year law degree can see through the tactics of the city.
As kelly said, just pay the homeowners for the new easement that will be imposed on their land.
Its the law.
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