Bethlehem Threatens to Seize Private Property For Affordable Housing

Blogger's Intro: This is a story told by Lucy Lennon. She describes herself as a Realtor, but is a lot more than that. She ran the Dancing Fish in South Bethlehem, where she introduced sushi long before it became popular. Her experience turned her into a vocal advocate for small business owners in Bethlehem. She's an animal lover. She might own several dogs at any given time. She's a Republican who can and does get involved in local races. She took John Brown by the hand and walked him up and down city streets when he first ran for Northampton County Exec, and he nearly won the city.  Her latest problem involves an attempt to help the Lutheran Church gather the funds to consolidate into one church. Here's her story. 

First off-let me apologize for the length of this post…it’s a doozy…

I am writing this for many reasons, for the protection of my clients, and for my own safety and peace of mind.

Let me begin.

I am a Realtor, who proudly calls Bethlehem my home-both professionally and residentially . I am quite outspoken in my love and appreciation of the city, it’s employees, small business community, schools and residents. I’ve always felt that City Hall was a great resource for me ( and others ) to guide us through permits, zoning and development. And now, more than ever, it’s all changed. Now The Mayor and The Economic Development Department have become actual obstacles in my ability to make a living and my clients ability to choose whom they do business with. Ethically not what I would expect from my elected city officials.

As you may know, I have 3 churches and 1 parking lot listed for sale. The parking lot [1.3 acres] being a large piece of property in the city that the city has had an eye on for over 20 years. These churches are facing a financial crisis and in order to continue with their service to God, the community and their ministry, they have made a decision to sell their properties and merge to a new location.

The City has approached the churches through the members themselves, myself, and various methods. I personally was told to inform any other interested parties that the city was interested in the property and if another interested party had ongoing/projected projects-to remember that they would have to deal with the city. I was also informed, personally, that if their offer was not accepted they could always take the property through eminent domain ( the mayor said this with a chuckle, shared with a member of ED )

I showed the property to both developers and other non profits. 2 developers, who were very interested and wanted to submit an offer told me in no uncertain terms that they were told to back away, from the city. An additional developer’s realtor insinuated the same. In the end 3 offers were submitted. The “winning” offer was hands down better for my clients-in terms, timing, lack of contingencies and pricing. The churches, with their attorney’s blessing, voted unanimously to reject the city’s offer and accept an offer from another non profit.

Fast forward…

The churches have now received notice that The Bethlehem Parking Authority will be filing to take the property by eminent domain.

This would in essence potentially create a delay, if not a cancellation of the contract to sell to their buyer. And cause a financial catastrophe for the churches’ future.

Here are my questions…

When did it become ok for the Mayor and his administration to dictate who buys or sells property in the city of Bethlehem?

Is the city of Bethlehem now in the real estate business?

When did the threat of eminent domain become a weapon?

You may ask why I am bringing this to light…

I now fear my clients may be bullied into bankruptcy or financial and spiritual ruin.

I worry that my other clients may now experience difficulties in City Hall.

And me personally?, I’m not quite sure what they can do, but so far I’ve seen vindictive and unprofessional behavior and it can only make one wonder….

As I understand it, the Mayor lobbied the Church to let the City have the property so it could build a homeless shelter. This had some appeal to some of the voting members, but they unanimously decided to seek bids on all properties. It later became apparent that, instead of a homeless shelter, the Mayor wanted the property for an affordable housing project. 

It's unclear to me whether a Parking Authority may condemn private property for affordable housing. Under Kelo v. New London, the answer would probably be Yes. But the Supreme Court has changed and might be more interested in preserving private property rights now than it was in 2005.