Call to Action: Defending against eminent domain
Although the City Council voted to vacate the condemnation order that claimed intertidal land for Nordic's purposes, City Attorney Kristen Collins claims that it was only a vote to take a vote on the condemnation order. Tonight, the City Council will memorialize their decision on the matter with what will be considered an official vote on the City's abuse of eminent domain.
While we were cautiously optimistic about tonight's proceedings, a clip on News Center Maine last night indicates that our fight is not over.
Jacki Cassida, Nordic spokesperson, states, "We will find another way." The newscast ends with an ominous message: "The City Attorney of Belfast says that even if eminent domain is revoked, there could still be a new order by the City to take the land in the future." This statement is in flagrant opposition of our community's interests. You can watch the news clip here.
It is our duty to show up tonight to uphold justice and integrity in our community.
Here's our strategy:
The original Condemnation Order claims that the intertidal was not used for fishing. In reality, the intertidal land around the Little River has a long history of fishing.
1 M.R.S. § 816(1)(A)-(C) of the Maine statutes prohibits condemning land used for fishing for the purpose of: (A) industrial or commercial development; (B) to increase tax revenues; or (C) for the benefit of a for-profit business. Because the intertidal is used for fishing, the land cannot be condemned; the use of eminent domain is invalid. We must demand that the order the Councilors vote on includes acknowledgment that the intertidal is used for fishing. This will safeguard the intertidal land from future use of eminent domain.
The Poor family fishing in the intertidal land.
HLH Attorney Kim Ervin Tucker filed two affidavits with the City Council that include evidence of commercial and recreational fishing in the intertidal, now and historically.
Fish caught by Jeffrey Mabee in the intertidal land the Law Court has determined that he and Judith Grace own.
Menhaden harvesting north of the proposed discharge site (photo taken in August 2023, courtesy of David Black)
Our strength is in our community. Join us in protecting the bay once again.