Yesterday, the Hercules City Council voted to use its eminent domain powers to force Wal-Mart to sell property that the retailer intends to build a 100,000 square foot store.

Why?  Because the residents of Hercules don’t want Wal-Mart’s  type of customer (read “low-income”) coming to their community to shop.  They see their city as the East Bay’s Sausalito or Tiburon (most East Bay residents are now saying, “Hercules??  Are you kidding me?”).

Here’s what the city’s vice mayor said just before the vote (as reported by the San Francisco Chronicle):  "The city of Hercules is very unique. People from the outside have to understand that."

Uh-huh.  I’m sure that Jefferson Davis said something very similar in defense of the Confederacy’s view on slavery.

Hercules has a very prescriptive planning process which dictates the design of streets, building dimensions and some architectural requirements.  The city is committed developing a high-density, pedestrian friendly community.  Whole Foods, trendy boutiques and fancy restaurants fit into their idea of what their community should be.  Wal-Mart does not.  Unfortunately for Hercules, their little town is not located in the , but in the .  In this nation, property owners do have rights, although the Supreme Court made a big dent in those rights last summer with the Kelo decision.

Wal-Mart has revised its plans for a 167,000 square foot traditional store to a 100,000 square foot development that incorporates some of the design features that Hercules seeks in new development.  The company describes the new plan as having an "attractive, village-like appearance."

Wal-Mart officials have said that they plan to sue Hercules.  Last night, residents said that they were offended by the company’s plans to sue the city in defense of their property rights, with one fellow telling the Chronicle, "I don’t like to be threatened and they threatened my community."

One has to wonder how this guy would react if the city was taking his property because they felt a different use would benefit the city more than his home.  (This is happening all over the nation as city officials feel emboldened by the Kelo decision.)  I’m sure that he would quickly hire an attorney to help him sue the city in defense of his property rights.  

Hercules has really helped the Protect Our Homes initiative campaign.  They’ve just handed the campaign a high-profile example of a city abusing its powers.  Today it is Wal-Mart.  Tomorrow, it could be your home or business. 

This entry was posted on Wednesday, May 24th, 2006 at 12:00 am and is filed under Blog Posts.