Ever had a dream for retirement? You know, you made a solid investment, thinking that you would cash it in and travel the world? How would you feel if, instead of selling it to the highest bidder, a government entity decided to take your dream and give you pennies on the dollar? That’s what happened to these 75 year old twins.
Houston veterinarians James and Jock Collins envisioned a nest egg for their retirement when they bought a house in the Galleria area in 1982.
Instead of enjoying the proceeds from their investment, however, the 75-year-old twins are locked in a battle with the city of Houston. In an unusual use of its eminent domain authority, the city has condemned the property to develop a small “pocket park” on the edge of a large, upscale redevelopment project.
In Thomas Sowell’s latest book, Economic Facts and Fallacies, he devotes an entire chapter to urban planning and development, highlighting the current practice of condemning land for “green space”. In this particular case, the evils of this practice are shown on two levels.
First is the power of influence in government. After the twins refused to sell in July of 2006 for $1.4 million, the developers turned to the city to do their bidding.
The Collinses said city officials first advised them of plans to develop a park on the 7,200-square-foot property in October 2006 — three months after their negotiations to sell the property to Wulfe & Co. for the BLVD Place project broke down.
Ed Wulfe, the president of Wulfe & Co., serves on the Uptown District’s board. Wulfe is well-known at City Hall and is active in numerous civic organizations.
Wulfe said he played no role in the Uptown District’s plans to develop a park on the site. Once his company’s negotiations with the brothers stopped, “we were out of it,” he said.
Of course you were out of it. Wink.
The second evil is the power of eminent domain, TIRZ’s and urban planners working in combination to disrupt the free market. Less than a year after a market price of $1.4 million was declined, the city wants to steal the land from the twins for a million bucks less. The property is in the Uptown TIRZ, providing tax breaks to developers. Urban planners think that “green space” is somehow a right of the “people” and think that individual property rights are non-existent.
Good luck to the twins. I hope they have better luck than the retarded did when Mayor Bill White blackmailed them for millions.
UPDATE: texpat found a nice visual aid of what has happened since Kelo emboldened cities.

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What can we do to help the twins? Who do we write. Who do we embarrass? We have to stand up for the little guys, who get steam-rolled in the big scheme.
Outrage. Outrage. OUTRAGE!. There is no other way to put it. For a pocket park. phw.
#2: Calm down, Sheila Jackson-Lee!!
I’m with AW. There has to be something that we can do to help.
I’ll bet if that property was owned by some current or former city official that property would have sold for a “pretty penny”. It’s always who you are or who you know that gets you fair treatment in any “deals” with the government!!!!
Why didn’t they condem all that land for the soccer stadium then? Coulda saved us taxpayers a lot of money (and screwed over an ex-council person to boot). I really hope the brothers win.
The Kelo vs New London decision in 2005 by the SCOTUS encouraged this new municipal attitude that “takings” are not taken seriously by the courts. I will remind everyone again what is at stake in this Presidential election. There will be at least two seats on the Supreme Court up for nomination in the next administration. If you want to see this sort of judicial travesty continue, then by all means, vote for the Democrat or don’t vote at all.
It is my understanding that most states–and especially Texas–moved quickly to stop Kelo in its tracks.
Is it that this property is in a TIRZ that allows this taking??
Shannon,
I think you are referencing SB7 from 2005’s second special session. There are so many loopholes in that law that it is pretty much worthless. Check this link out:
Since when is land that developers were willing to pay nearly $200 per square foot considered to be in a “blighted” area?
That old blighted Uptown area where they have the Christmas lights and Galleria?
The Institute for Justice is a libertarian legal foundation very active in property rights law. They defended the homeowners in the Kelo case before the Supreme Court. Here is their website:
http://www.ij.org/profile/index.html
and here is a page with a clever tv commercial they produced:
http://www.ij.org/profile/video-property-rights.html
Texpat, do we contact the Institute for Justice? I’m just a peon, what do we do?
The twins were offered $1.4 MILLION dollars, and turned it down. Why? Because they thought they could get MORE. Well - they were wrong, and they have no one to blame but themselves. Ever watch Howie on ‘Deal or No Deal’?
Well, sorry they over-reached
Gordon, was 1.4 million fair market value? I don’t know the answer. I was assuming it was not.
Gordon
It was their right to turn down 1.4 million. The property belongs to them.
How does the City now think they have the right to TAKE the property for 400 thousand?
Anyone read lately that the developer in the Kelo suit has done nothing with the land other than tear the houses down. They can’t get financing for the project so there it sits–doing nothing.
http://newsbusters.org/blogs/tom-blumer/2007/11/30/kelo-update-media-ignores-latest-new-london-development-setback
Yesterday, I believe, ST said when they offer you a buy out take it because it will be worse after that.
#16
Anyone want to bet they end up selling the land to someone else and make a ton of money. All with the help of a government that FORCED unwilling landowners to give up their property to a PRIVATE DEVELOPER.
Personally I call that governemt assisted stealing.
Gordon -
Do you have person insight into their thought processes? It’s THEIR house! Maybe they just want to live in it for a while, maybe for the rest of their lives. Why should they be forced to sell their property just because a developer wants it?
Also, doesn’t an offer of $1.4 million establish a fair market value? Where the hell does the city get off offering them $400,000? This isn’t a TV show and you should be ashamed of your government for pulling this kind of crap. I know I am.
You should be ashamed of yourself for the comment above.
That cartoon is choice and needs to be kept at the ready for whatever applicable situation arises.
If you will check the Houston Chronicle link
you will find that the brothers rejected the payout, not the amount. There’s also a good map showing the size of Wulfe’s development and the time line.
http://www.chron.com/disp/story.mpl/headline/metro/5599975.html
I do not know the details of the payout, but these brothers are 75 years old. How long of a payout was it?
Besides, as several before me said or alluded to - Wulfe set the price… They bought it in 1982 for $363,750. This land is ON San Felipe, near Post Oak. Anybody know how land has appreciated in the area? I am not exactly sure to the penny, but I can tell you it’s gotta be more than $39K!!
Now the City wants to come in and take it to make a “park”.
It’s my understanding that it’s about 1/3 of an acre and half of THAT is going to widen the street, leaving 1/6 of an acre for a park. So - what can they put on all that land hmmmmm?
Anybody been there and heard the traffic? Would you “play” there? I’d be afraid to let my dogs use the park for fear of all of us getting run over. People in the area have yards bigger than this!! Why would they come play in a “park” there? Doesn’t make any sense.
As far as the house is concerned, have you driven by there? Go take a look. It’s gone. I’m not sure what happened to it.
According to the press, BLVD Place is to be 21+ acres plus 600,000 square feet of retail sales plus more than 1400 upscale apartment units, luxury hotels, and office space. It will probably cost in excess of $500,000,000 to build in today’s market.
The cost of land acquisitions in large projects is always weighed against the total – and the last parcels acquired are ALWAYS the most costly.
What will this acquisition add to the final cost of the project? I suspect the answer would be less than one dollar per square foot at whatever the asking price.
Someone on another site took the time and posted this:
Accessible wrote:
Contact the members below and/or each of their respective companies represented on the board of directors to express your view or to let them know if you intend to sell your stock in those that are publically traded in protest:
John Breeden, President
Uptown Houston Management District
1980 Post Oak Boulevard
Suite 1580
Houston, Texas 77056
Phone: 713-621-2011
Fax: 713-622-4678
E-mail: uptownhouston@uptown-houston.com
Uptown Houston Management District is governed by an appointed 12-member Board. The Board are landowners, tenants or agents of landowners. Board Members include:
Ed Wulfe; Wulfe and Company
Mark Bell; Simon Properties Group
Patty Bender; Weingarten Realty Investors
Louis S. Sklar; Hines
H. Kerr Taylor; AmREIT
Todd H. Casper; CB Richard Ellis
Martin Debrovner; Weingarten Realty Investors
Raymond Brochstein; Brochstein’s, Inc.
Mary Catherine; Miller Tanglewood Corporation
Kendall A. Miller Tanglewood Corporation
John Nash The Hanover Company
Lisa Simon MFT Interests GP, LLC
http://www.uptown-houston.com/about/organization/district-board.html
http://www.uptown-houston.com/about/organization/tirz-board.html
Uptown TIRZ and Uptown Development Authority has an eight-member appointed board who own property within the Uptown TIRZ or are employees/agents of property owners.
Board Members are:
Louis Sklar, Hines
Martin Debrovner Weingarten Realty Investors
E.D. Lester Stewart Title Company
Janice Harris KH Technologies, Inc.
Marvin Kaplan Legacy Asset Management
Kendall A. Miller Tanglewood Corporation
Urban “Obie” F. O’Bri en III Apache Corporation
Judson Robinson, III Harris County Commissioner’s Office
Lisa Simon MFT Interests GP, LLC
http://www.uptown-houston.com/about/organization/tirz-board.html
Also write to Whole Foods or to sell your stock if that is your choice and let them know what you think of what’s goin’ down on Post Oak:
World Headquarters
Whole Foods Market, Inc.
John P. Mackey,-CEO and President
Shareholder Services
550 Bowie Street
Austin, TX 78703-4644
512.477.4455
512.477.5566 voicemail
512.482.7000 fax
3/10/2008 1:57 PM CDT
Recommend Report abuse
Accessible wrote:
DOES AMOUNT OF CONTRIBUTIONS = ACCESS AT CITY HALL: decide for yourself–Is this Pay to Play–WULFE surname contributions below just for 2007 alone to City of Houston Elected Officials on search of City Campaign web site?:
Edmond Wulfe William White $5,000.00 5/4/2007 30
Edmond Wulfe William White $5,000.00 5/4/2007 57
Edmond Wulfe $5,000.00 5/4/2007 83
Edmund Wulfe Anne Clutterbuck $1000 20070409
Ed Wulfe MJ Khan $1000 6/25/2007
Lorraine Wulfe Sue Lovell $250 3/12/2007
Edmond Wulfe Annise Parker $1000 02/22/2007
Lorraine Wulfe Annise Parker $250 02/17/2007
Edmond Wulfe Antoniette Lawrence $1000 3/15/2007
Edmond Wulfe RONALD GREEN $1000 02/06/07
Edmond Wulfe Jarvis Johnson $1,000.00 4/9/2007
Ed Wulfe Peter Brown $1000 3/23/2007
Edmond Wulfe Annise Parker $1000 02/22/2007
Lorraine Wulfe Annise Parker $250 02/17/2007
Ed Wulfe Pamela Holm $1,000.00 4/2/2007
Edmund Wulfe Anne Clutterbuck $1000 20070920
Lorraine Wulfe Anne Clutterbuck $250 20070927
Lorraine Wulfe Melissa Noriega $250.00 9/5/2007
Edmund Wulfe Adrian Garcia $1,000.00 7/3/2007
Lorraine Wulfe Sue Lovell $250 8/17/2007
Edmond Wulfe RONALD GREEN $1,000.00 10/24/2007
Lorraine Wulfe Jolanda Jones $250.00 12/5/2007
Edmond Wulfe Jolanda Jones $500.00 12/7/2007
Edmond D.Wulfe Wanda Adams $500.00 12/3/2007
Edmond D. Wulfe Wanda Adams $500.00 12/3/2007
go to http://www.houstontx.gov and city secretary site for campaign finance:
Search for Collins brothers contributions to city officials below?:
http://cohapp.cityofhouston.gov/CampaignFinanceWeb/CFRwebsiteSimpleSearchResultContrDetails.aspx
3/10/2008 12:37 PM CDT
I hope we all contact any and everyone we can. If the City and their cronies can do this to these brothers, they can do it to ANY of us.
I’m proud of them for standing up to City Hall. Let’s help them fight!