"It would have to be an astronomical sum of money," McCarthy says of selling out to the feds.
But it's a different story for his aging grandmother, who very well may face a buyout, or another form of property seizure, in the near future. Her home is just 100 yards from the London Avenue Canal breach. McCarthy says she's gradually accepting what may be a brutal reality.
"My grandmother is willing to take what she can get and walk away from it," he says. "It's just too hard for her."
Residents' feelings are mixed on the issue, and confusion has taken hold as details remain scarce. And in coffee shops, congressional hearings, dining rooms and every other imaginable space one question keeps resurfacing: How will Louisiana rebuild?
Aside from levee and coastal restoration costs, private property rights are shaping up as one of the most explosive issues in post-Katrina America.
Some private land ' no one knows how much ' undoubtedly will need to be taken by the government for any long-term plan to progress. Will it be done with or without the property owner's consent? And if it's done with their consent, how will values be determined?
The outcome will impact the livelihoods of thousands ' and the livability of large communities. It also could set a national precedent for how future land expropriations are handled. "This will be the sticking point of the entire debate because you are talking about peoples' property and peoples' money," says Barry Erwin, president of the Council for a Better Louisiana, a Baton Rouge-based think tank. "And we're only talking conceptually on these issues right now. Nobody is getting any answers, and when they do, they probably won't like it."
The U.S. Army Corps of Engineers is the government entity stirring the pot at the moment. They reportedly want to obtain huge swaths of land ' some pieces spanning more than 150 feet ' along the 17th Street and London Avenue canals for levee improvements. In Plaquemines Parish, the feds are considering seizing portions of land from 250 property owners to widen the Mississippi River.
Such takings are not supposed to be government grift. Initial reports suggest ' and the Fifth Amendment to the U.S. Constitution requires ' that property owners will be compensated justly. However, details of any compensation plans have yet to surface. Meanwhile, some parish officials are going public with their fears and expressing concern that purchase prices could drop below pre-Katrina fair market value.
Rachelle Levitt, executive vice president for policy and practice at the Urban Land Institute, a Washington-based nonprofit that researches emerging land use trends, says her group has heard the concerns and is responding with plans and suggestions. She says there needs to be a conscious effort to ensure that all homeowners are compensated at pre-Katrina values ' whether the selling pressure comes from a legislatively-formed corporation, or the government itself.
"There should be some rationalization to that part of the process," she says, admitting there's no way to tell how the payment options will play out. Another widespread concern is that values will be pegged to assessments calculated by Louisiana's elected parish assessors ' especially in New Orleans, where most homes are grossly undervalued.
A more immediate threat to property owners may be the concept of eminent domain ' the flavor of the month for legal and political junkies, thanks to a recent U.S. Supreme Court ruling and the onslaught of reactive legislation. Eminent domain is the legal doctrine that allows governments to take private property for certain public uses that are supposed to serve the greater public good. According to the recent High Court decision, those uses can include economic development that ultimately will yield higher property taxes. While many Americans view that court decision with disdain, it's hard to argue that flood protection for an entire region does not qualify as a legitimate, even overriding, public interest that ought to trump individual property owners' interests.
Of course, it's a lot different when it's your property. It's even more dicey when the "public interest" is infused with private gain.
While eminent domain is routinely used to help build highways and public buildings, it also has been invoked to transfer property to a private owner operating in cahoots with the government. Currently, in Riviera Beach, Fla., the local government is preparing to force nearly 350 property owners and more than 1,000 renters to sell out to a private yacht development because of "blighted" conditions.
While nothing like that is in the works locally ' at least not on the surface ' Gov. Kathleen Blanco told a congressional committee recently that a number of private developers have contacted the state about assisting with the restoration process. That raises fears not only of eminent domain but also of gentrification ' forcing poor folks out so that the silk suits can move in.
State Rep. Mickey Frith, an Abbeville Democrat and chairman of the Acadiana delegation, says it's better to be safe than sorry. He plans to file a bill next year to limit local governments, or state-sponsored corporations, from seizing private property for economic development. "If you are looking to improve infrastructure, that's one thing," says Frith. "But I don't think we ought to be making a land grab just to build a super store or something."
Concerns about eminent domain and how it might be invoked locally also have surfaced at the federal level. A clause allowing it was initially included in landmark home mortgage assistance legislation by Baton Rouge Republican Congressman Richard Baker, but that language was quickly pulled in response to widespread objections in south Louisiana. The bill would establish a special corporation to buy distressed ' and often underinsured ' properties from willing sellers in an attempt to stabilize the local housing market and prevent widespread foreclosures. The bill was racing against the clock last week during Congress' final days before Christmas.
Closer to home, another urban land-loss threat springs from Mayor Ray Nagin's Bring New Orleans Back Commission, which has been working with the Urban Land Institute to draft a citywide rebuilding plan. An initial draft of ULI's plan would halt developments in flood-prone areas and replace them with wetlands, parks and inner-city levees to reduce flooding of remaining neighborhoods and create a buffer for surges. Here again, it's all a matter of perspective: Whose property gets sacrificed for the greater public good?
All of these ideas could translate into lost property for some, but for others it could mean losing or preserving a way of life, McCarthy says. Such factors may or may not affect market values or buyout options or congressional intent.
"I think there will be a lot of disappointed landowners who will want to return, but can't," he says. "But we're a determined people down here, and we'll find a way to make it."
Since Anthony Jennings and Brooks Haack were not expected to contribute until next year at the earliest, it seemed like a sneak peek at hidden Christmas gifts.
Louisiana National Guard personnel seeking benefits for same-sex spouses will have an easier time filing the requests, despite a state refusal to let its workers process the paperwork.
Panthers coach Ron Rivera sees one potential flaw with his team's stellar defensive play so far this season. "Apparently we like to bite on the double moves," Rivera said.
Computer hackers may have gained access to the personal information of thousands of Louisiana residents who use debit cards issued by JPMorgan Chase for three state agencies, authorities said Wednesday.
Jim Purcell, who has been in the job since February 2011, notified the Board of Regents about his decision at its monthly meeting.
Here's your daily look at late-breaking national and international news, upcoming events and the stories that will be talked about Thursday, December 05, 2013.
Hushed plans for a commercial development along the Louisiana Avenue portion of the Holy Rosary campus put the future of longtime tenant EarthShare Gardens in jeopardy.
If a recent advertisement in The Daily Advertiser is any indication, speculation the local daily will be implementing the “Butterfly Project” could be more of a reality than the Gannett-owned paper’s top execs are willing to admit.
Mettenberger injured his left knee while unloading a 32-yard completion in the fourth quarter of No. 14 LSU's 31-27 victory over Arkansas last Friday, and LSU coach Les Miles confirmed the severity of the injury on Wednesday.
An ordinance to phase out a 2 percent rebate to Lafayette merchants for collecting and remitting on time sales taxes cleared the City-Parish Council by a 6-3 vote.
Louisianans are the fourth most likely to use profanity yet also the fourth most likely to be courteous. So, please, just kiss my a** ... if it’s not too much trouble.
The state Coastal Protection and Restoration Authority voted Tuesday to authorize two lawsuits against the U.S. Army Corps of Engineers.
A long night on the field in Seattle got even worse off of it, and now the Saints are operating on a compressed time-frame as they brace for surging Carolina with first place in the NFC South at stake.
Public school letter grades, teacher evaluations and student promotion won't be affected by Louisiana's shift to more rigorous educational standards for two years, the state's top school board decided Tuesday.
Vitter told The Associated Press that he is sending an email to supporters Wednesday and is in discussions with his family about the possibility.
The Ragin' Cajuns go for New Orleans Bowl three-peat, this time against the Tulane Green Wave, which is making its first postseason appearance since the Hawaii Bowl in 2002.
Louisiana has joined four other states in filing a so-called “friend of the court” brief in support of Mississippi’s lawsuit against the federal government over new flood insurance rates set to go into effect.
Kerry Wayne Bertrand was charged Monday for the alleged killing of his stepdaughter, Skylar Lee Credeur, a UL Lafayette chemistry major found dead in the bathtub of her family home in August.
Louisiana's state school board is considering a two-year delay for some consequences tied to the phase-in of more rigorous educational standards, called Common Core, at public schools.
The most anticipated game in the NFC this season was a laugher.
The attorneys for Busted in Acadiana administrator Chris Hebert got an extra 2.5 months Monday to prepare for their client’s felony trial, marking the third time the case has been delayed this year.
In an effort to ease tensions, Lafayette Parish Superintendent of Schools Dr. Pat Cooper is calling for board approval of two day-long workshops: one to address lingering questions caused by Act 1 of the 2012 Legislature, and a session focused on mending the tattered relationship between the board and administration.
Lafayette has so much going for it, and so much yet to do.
Has Louisiana found a way to hold the Corps of Engineers responsible for coastal erosion?
Children and grief