Letter to the editor: Provision exists to compensate business owners

In The Jamestown Sun’s June 7 story on “Business Loop East project nears completion,” Jamestown City Administrator Jeff Fuchs was quoted as saying: “Basically the city attorney’s opinion was there is no provision in state law that would require or allow the city to reimburse (East Business Loop businesses) for the losses (in revenues) caused by the project.”

The only city attorney’s “opinion” that we have heard the dismissive comment at the Feb. 21, Finance and Legal Committee meeting that the taking of personal property for public use without just compensation is just one of those unfortunate things that happens with street and road projects.

On four separate occasions over the last two years (March 6, 2010, letter, Feb. 21, 2012, Finance and Legal Committee meeting, and Feb. 22, 2012, and April 8, 2012, letters) we have pointed out to city officials that the Fifth Amendment to the U.S. Constitution states that: “No person shall… be deprived of life, liberty or property without due process of law; nor shall private property be taken for public use without just compensation.” Article I of the North Dakota constitution contains a similar prohibition against taking or damaging private property without just compensation.

The East Business Loop reconstruction project clearly is a “public use.”

The common usage definition of property includes any right or interest that is considered primarily a source of wealth, and the operation of a business clearly qualifies as a primary source of wealth.

For a public official such as Fuchs to claim that “there is no provision under state law that would require or allow the city” to compensate the East Business Loop business owners for their loss of revenues during reconstruction of the East Business Loop when both the U.S. and North Dakota constitutions clearly mandate it demonstrates either a profound ignorance of the law or an unconscionable disregard for the rights of the public and the responsibilities of public officials. Or both.

Gary L. Pearson, D.V.M.

Jamestown

Tags: opinion, letters, roads