They say you can?t beat city hall. But don?t tell that to George Valsamaki.
The Baltimore bar owner on Thursday won a landmark victory against the government of Baltimore and its so-called “quick take” land condemnation proceedings, which allowed the city to quickly seize private property.
“This was David beating Goliath,” said James Thompson, Valsamaki?s attorney. “This is the first time in Maryland history that a ?right to take? has been successfully challenged.”
The Maryland Court of Appeals ruled that Baltimore had no reason to seize Valsamaki?s Magnet bar, located in Charles North. The city must prove that it definitely needs private property to serve a public good before condemning and seizing it, the high court ruled.
“This extraordinary power conferred upon the City … was not for the purpose of allowing such entities to use it ?whenever they wanted to,? ” wrote Judge Dale Cathell.
Baltimore City Solicitor George Nilson said the Baltimore Development Corp. will now need to change how it seizes property because of the ruling.
Nilson said the city will need to specifically identify the public good that will be served by such condemnations in the future. Though he won, Valsamaki has already closed his property because of the antagonism from City Hall, Thompson said.
“His place was not a thing of beauty, but it did provide an income for him, and it was a well-frequented bar in the area,” he said.
The city filed a quick-take petition on The Magnet in March, and took the property without a hearing. City officials said the bar was one of about 20 properties in the area they hoped together would attract developers.
Valsamaki?s win is one in a series of recent victories across the country for property owners against government seizures since the controversial 2005 U.S. Supreme Court decision of Kelo v. City of New London.
In that ruling, the nation?s highest court decided that local governments have the right to seize private property to give to other private citizens if the general community benefits from the new development.
“This is a major victory for homeowners and property owners in Maryland who are very worried about the Kelo case,” Thompson said. “Under quick take, the city could take a person?s private property in an instant. But our constitution requires that there be a public purpose before they take a person?s private property.”
