PORTSMOUTH
A sign at the front of Johnson's Crab House read:
"Eminent Domain. Today it's us. Tomorrow it could be you."
On Thursday night, a crowd of nearly 150 had mustered on the vacant lot next to the crab house on Scotts Creek.
Owners of the property in Park View had organized the rally to galvanize support in their fight to keep the city from taking their property for a neighborhood park.
Those who showed up included customers and a number of property rights proponents.
A man from Virginia Beach wore a sign that said "Tyranny Response Team."
Some people leaned over a folding table to sign petitions.
Three generations of the Johnsons - father, son and grandson - climbed onto the back of a pickup with Joseph Waldo, an eminent domain lawyer representing the family.
He urged those present to head for the City Council on Tuesday night to express their opinions.
Waldo, like the Johnsons, described the crab house as a remnant of the days when watermen ran their businesses all along Scotts Creek.
The Johnsons bought the property 14 years ago from a family that had run the crab house for about 75 years.
They hoped to improve the property and put a marina and a restaurant there. But the plans fell through, Johnson said.
Today, it's much the way it always was. There is a 1913 house with a building in the back where customers buy crabs that have come off the boat.
John M. Johnson, whose son, Tim, lives on the property and runs the business, said some customers have been coming there for more than 50 years.
Not everyone is a fan of the business, though.
Some residents of Park View have complained about its appearance. And the neighborhood's civic league supports the city's plan for the park.
Councilwoman Elizabeth Psimas said the issue festered before she came on council, bringing a succession of three or four Park View civic league presidents to council meetings to complain.
Psimas said there were abandoned boats, an old crane and other code violations.
More than a year ago, the council voted unanimously to condemn the property for a park.
When Johnson voiced his objection, Psimas and former Councilman Ray Smith were directed to try to work on a compromise with the Johnsons, she said. They met with the property owner six to eight times over several months, she said, and encouraged a cleanup.
Psimas said in the months that she was meeting with the senior Johnson, he made promises that he didn't keep.
"During that whole time, I think the only thing he did was paint the house," she said.
Finally, the two council members went back to the council to say their efforts had failed and the council went back to its earlier decision.
Psimas said she does not see the council changing direction now.
"If he had been doing this last year, it might have made sense," she said. "But the timing now is almost a year too late."
Johnson sees things differently. He said he believes the family was singled out for code citations. He said they have tried to do what the city asked them to do.
At the rally, his attorney told the crowd that Johnson came to him about two months ago and said he had "worked as long as he thought he could with the city of Portsmouth and had done everything he could do to be able to stay."
"He was giving up being able to fight it alone, so we're going to help him," Waldo told the enthusiastic crowd.
The Johnsons have launched a Web site and their situation has drawn the attention of property rights opponents nationwide.
Across the street, David Dibean, president of the Park View Civic League stood with neighbors, watching as the crowd began to disperse.
"His lawyer paints a very pretty picture of an ugly place," he said.
Dibean said that the Johnsons had just recently taken away the old crane that people complained about and addressed other concerns. But he said he has no confidence the owners would continue that maintenance without the threat of eminent domain.
"It took a city doing everything they did for it to happen."
Janie Bryant, (757) 446-2453, janie.bryant@pilotonline.com
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While they don't "get a
While they don't "get a vote", they certainly have the ability to be vocal with council if the property is not kept up to code. The codes can be very grey and fuzzy when it comes to definitions of property upkeep, blight, etc.
I do not agree with the use of eminent domain in this case....and it does appear from the photos that the Crab Shack has been spruced up of late...but I can tell you from having driven down there some months ago that it was a horrendous mess, resembling a junk yard.
I cannot see why the residents and the business cannot peacefully co-exist as long as each side is prepared to be a good neighbor.
No, not at all!
That is *exactly* what eminent domain, correctly administered, avoids. The people of Park View do *not* get a vote on the appearance of the Crab Shack. If he meets city code, that is that. Otherwise, we would all have to maintain our yards to the specifications of the strictest yard person on our block. That isn't what community associations are about . . . Cheers, MGM
I agree with most of you
I agree with most of you this is a misuse of eminent domain.
However the Johnsons must compromise with the residents and the city. He must maintain his establishment in a manner that is acceptable not only to the city but the residents of Park View as well. If not, then the city has every right to condemn the establsishment and force the Johnsons to either comply or sell....
Misuse of 'eminent domain'
If the City of Portsmouth seizes the property that this business is on, it will be a great misuse of the law of eminent domain. There is no great public good to be gained by it. There is no bridge, school, waterworks, or any other great need of the people of Portsmouth for this property. It is purely a greed issue and nothing more and it should be recognized as such. The business has a perfect right to be there, plain and simple. It was there long before these new homeowners moved into the neighborhood. They knew what they were buying into. If those people want him to move so bad, let THEM come up with money to buy waterfront property, build new building and cover the cost of moving his business - ALL costs of relocating his business. Other than that, they should shut up and leave the guy alone.
P-Town crabhouse
What do you expect from a incompetent racist mayor and city council... I think they should condemn the whole city!
Well all I have to say is
Well all I have to say is that the city council who is considering this is the same city council that the resident's of Portsmouth voted in earlier this year.
Web site - Petition
Please go to the site and sign the petition!
http://savejohnsonscrabhouse.com
Civic leagues . . .
Don't usually get to vote on eminent domain. Mainly (I hope) because few people are constitutional scholars--those who are realize that eminent domain is something that must be carefully weighed in light of the constitution. Individual rights vs. the rights of a group of people (the common good). Eminent domain has historically only been used for roads, schools, libraries, etc. We have been warned by numerous people who know a lot more about it than I do that once we allow developers to exercise eminent domain over private parcels of land, we will soon all be in danger of losing our homes for someone's whim. Example: we own one of the bigger lots in our subdivision. What if our civic league got a wild hair to build a park here? See how there's no stopping it once we open that Pandora's box? Cheers, MGM
Doc Tabor
Good for you, going to the rally. You raise my appreciation of libertarians and their work every time I read your comments. Thanks for putting feet to your words. Cheers, MGM
see for yourself
Whether Johnson's Crab House is an "eyesore" or not is certainly not the point here. It is their home and their business; their private property, they worked for it and they own it. Nonetheless, general rule of thumb and as another reader pointed out, if your neighbor needs help, help him or her, certainly do not condemn them. Additionally, for those who believe that Johnson's Crab House is an eyesore, please take a moment to drive by and see that the Johnson's have done a wonderful job in making their home and business most pleasant to the eye for any standard. The only "eyesore" is the city-owned property adjacent Johnson's. You can go to Johnson's web-sight at http://savejohnsonscrabhouse.com also please come out Tuesday September 9th at 7:00 p.m. at The City Hall Building, located at 801 Crawford Street, Portsmouth, VA, and support their cause. You can also go to the window and get some wonderful tasting crabs!
I was at the rally
I don't know what the place looked like before yesterday, but it was certainly not so blighted as to warrant removal as of the time of the rally.
Keep in mind that if the property is taken under eminent domain, the owners will only be paid the value of the land, not the value of their business. There is no place they can relocate, so three generations of watermen, as well as future generations, will permanently lose their livelihood.
Government has no business engaging in sham takings, seizing this property to improve the view from the unsold houses across the street, for the benefit of a favored developer. This is more like the plot of a Soprano's episode than the proper functions of government.
Park View Resident
I live in Park View in a 104 year old house. It's not easy taking care of these properties and it's not cheap either. The city wants to preserve the historic neighborhood when it's to their benefit. When you need to fix your house, it better be a "historic" renovation (which I agree with but sometimes it just can't be done). They tore down a number of historic houses to build the new Park View School when there were other options. They do nothing about the crime, drugs, vacant houses or slumlords in our neighborhood. The people who live across the street from the crab house live in new houses, the crab house was there when they bought the property. If they really want to make Park View look nicer there are plenty more prominent problems to deal with. There is a new park at the entrance of Park View - but you hardly see anyone there. If they do tear down the crab house for a park I guarantee that a year from now you will hear the Civic League complaining that there are drugs in our "new" park and it needs to be cleaned up!
Which is it?
Everyone might be missing the point! Is it possible that Mayor Holley wants this as a "black park", because we already have "white" one?
Not all communists
I'm in the Civic League and less than half of us voted to push for emminent domain. I and several other people are completely against the entire idea. We are not all communists. I think some residents were scared by the police into thinking that there was some sort of criminal activity going on there, but when we asked what that was, they wouldn't give us a straight answer. I'm sure they're getting pressured by the developers who have invested in the new housing in the area.
The developer is just waiting until the city can get ahold of the land, then he'll try to by it for cheap a'la Louise Lucas. I doubt we'll ever see a park. I am tired of these Va. Beach carpetbaggers.
Which part of civic am I missing?
Where is the Civic League's concern for civic. Instead of trying to take the home and business away from these law abiding, tax paying citizens, they should have offered help in fixing what they deemed wrong. Those house pictured are all less than five years old. If they wanted to live across from the park the were plenty of areas in Portsmouth those residents could have located. Pick up a rake, a paint brush, a lawn mower and help the Crab Shack owners. Take your caste system and move to VB or Ches where you obviously belong.
If they want a park!
City Park is just accross Baynes Creek. I'm 46 yo and I remember clearly when I was a kid there was a bridge at the end of the rd that connected that neighborhood and City Park. We crabbed off of it until it was torn down. The want a park? Build the bridge back and LEAVE THOSE PEOPLE"S PROPERTY ALONE!!!!!
Bullying
Eminent domain should not be used as a tool for a beautification project. This is a clear abuse of eminent domain. A park to enjoyed by a few homeowners is not a reason for condemnation. I understand the history of the property. Why doesn't the city assist the crabshack owners in cleaning up the property and financing the cleanup bill? Everyone wins!
Crab House should stay
I agree that the crab house should stay & also feel that another option should be persued. Since it has been in that location for so long,
shouldn't the "historic preservation" groups be contacted? As stated in the article the house from 1913 is still there. Are we going to allow another piece of Portsmoth's history be destroyed for a park, that the folks across the street will probably never use?
David Dibean is a Bully
...that has unduly influenced the city council, and the Johnsons deserve legal protection from those like him and govt. officials who are their puppets. What's even more unconscionable, though, is that the City of Portsmouth would impose Eminent Domain not for a pressing public use, but just because the crab house property is an eyesore. This is a gross violation of the Johnson family's Constitutional rights. I hope and pray they hang in there and fight this all the way to the Supreme Court if necessary. They will prevail if they only persevere, though it could be very, very expensive.
Crabhouse should Stay!
Agreed, the property owners bought their homes knowing that the crabhouse existed. Crabhouse generates tax revenues and parks do not. If a park is built, the Civic League will eventually be down at the Council meetings complaining about all of the rogues, trash and loitering that a typical park brings. The "park" in Shea Terrace already has fallen victim to spray paint on the nice cement sidewalk path. Doesn't the City have bigger fish to fry?
I'm glad . . .
They've got national eminent domain folks involved. City councils easily mess up the line between code violations (fine them) and eminent domain (seize their property for projects of public benefit, *not* seize their property as a punishment. No one should ever go into an eminent domain hearing with the motivation to be vindictive or punish someone). Eminent domain used to be the last resort. May it stay that way. Cheers, MGM
Silly
The city of Portsmouth is a very petty place to live. If it isn't someone riding through you alley checking to see whats in your back yard, it is crap like this. I live in Chesapeake but was born and raised in Portsmouth....which when mentioned gets a negative reaction. I come from Chesapeake to get crabs from this crab house every Saturday and I don't mind the gas, the wait, or the weather. This crab house has been long standing and since the newer houses were built across from it, it now a problem?? The civic league is only trying to get rid of the people they don't think fit into their class. What about the other houses along that street and the streets behind the crab house? Are they next? A PARK???!!! All it is going to take (heaven forbid) is for one child to fall into the water, drown and the city to be held liable. That is when they will realize what a mistake it would be to close this tax paying business for a park....all to satisfy the potential home owners of the 5 or 6 new houses in the middle of a bunch of older houses. JUST SAD!!!
You are kidding of course
Let me get this straight. They are taking Portsmouth taxpayers money to put a hard working taxpayer out of business so they can generate more taxes from the new tax base across the street. Hmmmmm
Give them 6 months
I am usually against eminent domain, but as a resident of West Park View and only living about 3 blocks away from this site, I tend to agree with the Park View Civic League. I think the Johnsons should be given 6 months to clean up and make the place not look like a shanty town. then if they don't meet every stipulation, it belongs to the city and made into a park. Park View is trying to evolve and revitalize itself, but Johnsons is holding back the progress.
"...an ugly place."
David Dibean spells it out in no uncertain terms. This entire debacle has nothing to do with "essential infrastructure" and everything to do with what he personally doesn't like. He's the president of a civic league and if he doesn't like the way something in his neighborhood looks then by hell or high water or eminent domain he's going to get rid of that which he does not like! The crab house was there when he moved in across the street from it so it's not like it became an eyesore over night. Persons that live in the immediate area ask "How would you like to have to look at that everyday?" My reply would be "I wouldn't have moved there if I didn't like the way the crab house looked" you moron. It all comes down to choices. The residents made a choice to buy there so suck it up and get a life already.
Why shutter a business in these tough economic times
City of Portsmouth, for goodness' sake, why would you go after these people and threaten to close a revenue generating business (TAXES!) for a park. Ridiculous!
Excuse Me?!
"His lawyer paints a very pretty picture of an ugly place.” Wasn't the "ugly place" there when you bought your house?! Did your realtor hoodwink you into believing that "ugly place" would soon be replaced by a view more agreeable to someone of your superior socioeconomic standing? There are several homes in my neighborhood, owned by the original owners, who are now too old to maintain their properties in the neat style they once did. Sometimes the grass gets too high, and their flowers aren't changed seasonally, which makes the drive to my house less cheery. Maybe I should petition the city to have them all committed to elderly care facilities so their homes can be sold to younger couples who will maintain the properties in a state more to my liking. It is, after all, my view that matters, right? Only a self-absorbed cad would agree.
Park is not essential infrastructure
I park is not essential infrastructure so the government needs to stay out. Eminent Domain is not there to get rid of people you don't like.