First National Center

[mcca7596]

Are there any parameters for the city to use eminent domain in cases where the building itself is not declared unsafe but the owner is deemed negligent/of questionable character (i.e. this situation)?

[Pete]

In controversial fashion, the rules of eminent domain were changed a few years ago to be much more liberal, wherein municipalities can now use it to take properties that are then used for private development. Used to be, you could only do this for public projects.

So, it is possible to force a sale if a city or government entity feels like there is a higher and better use and that the entire community would benefit.

I'm sure the City does not want to get involved at this point and are hoping as we all are that Yashouafar gets taken out of the picture and then they can work with Capmark to find the right developer and use.

[mcca7596]

In controversial fashion, the rules of eminent domain were changed a few years ago to be much more liberal, wherein municipalities can now use it to take properties that are then used for private development. Used to be, you could only do this for public projects.

So, it is possible to force a sale if a city or government entity feels like there is a higher and better use and that the entire community would benefit.

I'm sure the City does not want to get involved at this point and are hoping as we all are that Yashouafar gets taken out of the picture and then they can work with Capmark to find the right developer and use.

Thanks; so I guess it could be a last case scenario...

[Mr. Cotter]

FNC will not be taken by eminent domain. Poorly managed though it may be, there is no legitimate government purpose to justify the taking. The Kelo decision allows for private development of publicly taken land, but downtown OKC is hardly analogous to New London's waterfront area pre-redevelopment.

[Just the facts]

Wonder how much he pays in property tax and if he has missed a payment.

[Pete]

Wonder how much he pays in property tax and if he has missed a payment.

Total taxes for all three properties (West, Central & East) were only $137,000 and all are paid.

[Oil Capital]

In controversial fashion, the rules of eminent domain were changed a few years ago to be much more liberal, wherein municipalities can now use it to take properties that are then used for private development. Used to be, you could only do this for public projects.

So, it is possible to force a sale if a city or government entity feels like there is a higher and better use and that the entire community would benefit.

I'm sure the City does not want to get involved at this point and are hoping as we all are that Yashouafar gets taken out of the picture and then they can work with Capmark to find the right developer and use.

The course of the law of eminent domain is misstated. For many years (decades) prior to Kelo, many jurisdictions have in fact used eminent domain to take properties that were then used for private development. Many commentators and constitutional scholars believed such takings were a violation of the constitution and challenges ensued. Some challenges were successful; some were not. A few years ago, the US Supreme Court took the Kelo case to settle the dispute among the Federal circuits and ruled (mistakenly in my opinion) that such takings are allowed by the United States constitution.

The state of the law in Oklahoma is also misstated. After Kelo, the Oklahoma Supreme Court ruled in Mukogee County v. Lowery that Oklahoma "state constitutional eminent domain provisions place more stringent limitation on governmental eminent domain power than the limitations imposed by the Fifth Amendment of the U.S. Constitution." Under the Oklahoma constitution and statutes, economic development alone is not a "public purpose" sufficient to exercise the power of eminent domain.

[Mr. Cotter]

Thank's for the cite. I studied out of state, and don't practice anything remotely related to con law in OK. I think I'll read that soon. (Happy belated Constitution Day.)

[Spartan]

FNC will not be taken by eminent domain. Poorly managed though it may be, there is no legitimate government purpose to justify the taking. The Kelo decision allows for private development of publicly taken land, but downtown OKC is hardly analogous to New London's waterfront area pre-redevelopment.

I disagree. Totally analogous. Yes, things are looking good, but the public investments we have made and keep making totally change the picture and make downtown different.

[Mr. Cotter]

One dim bulb in the CBD does not equal an entire district that "needed" to be revitalized. None of the negative factors in New London that may exist in OKC (most of them do not) can be attributed to FNC being below its potential.

[Spartan]

Not true. You have to view the CBD as a sub-district of downtown... And obviously much of the CBD is still blighted.

[Oil Capital]

I disagree. Totally analogous. Yes, things are looking good, but the public investments we have made and keep making totally change the picture and make downtown different.

So... totally analogous, but different?

In the end, though, it does not matter if it downtown OKC is totally analagous to the New London waterfront. Oklahoma law does not allow an eminent domain taking solely for economic development. See Post #735, above.

[Pete]

A recent photo of the Great Banking Hall... Can't wait until this beautiful building is in good hands:

[CaptDave]

I wonder how many people in OKC have no idea this exists. This is a tremendous example of "they don't build them like they used to". This truly is a world class structure - the design compares well with similar buildings anywhere in the US. I swear if I were to win the Powerball tonight I would go to Capmark and force them to sell it to me somehow.

[Pete]

The space just screams hotel lobby with a classy cocktail lounge running down the center. Imagine bright and beautiful art deco type of plush furniture and lots of martinis.


Also, most people don't realize that that is a real skylight above... This part of the structure is u-shaped all the way up to accommodate this feature and to add natural light.

Imagine it cleaned up and transparent, being able to see the sky above.

[CaptDave]

The best thing about it is it is "real", authentic, craftsmanship. I cannot imagine what it would cost to build something equivalent today - the stonework alone would be a massive cost.

[Pete]

Among the hundreds of amazing details in this building, I particularly love these four murals, as they tell such a great story of OK and OKC:

[Plutonic Panda]

I wonder how many people in OKC have no idea this exists. This is a tremendous example of "they don't build them like they used to". This truly is a world class structure - the design compares well with similar buildings anywhere in the US. I swear if I were to win the Powerball tonight I would go to Capmark and force them to sell it to me somehow.

I'm one of those people who didn't know about this beautiful structure. She is just amazing. I'm kinda mad at myself for not knowing about this. lol

[TaurusNYC]

Why can't the city do for this building what they did for the Skirvin? Take the MAPS 3 money and buy it, renovate it as a hotel, and call it the Convention Center hotel? Isn't there money in MAPS 3 to build a convention hotel? Does the hotel really have to be attached to the convention center to be called the convention center hotel?

[Pete]

I'm one of those people who didn't know about this beautiful structure. She is just amazing. I'm kinda mad at myself for not knowing about this. lol

Do yourself a favor and go downtown, enter First National Center on Robinson, and merely walk straight up the stairs in front of you.

It may be roped off but no one will care if you just go to the top of the stairs and take a look. Or, you could go up one more level to the management office and ask if you can take a look around.

The space is amazing.

[betts]

A recent photo of the Great Banking Hall... Can't wait until this beautiful building is in good hands:

I went to a fabulous wedding reception here this summer.

[CaptDave]

I think I am going to go do that right now.

Since I have the week off, I may get down there for lunch one day at the Cafe 7. I haven't seen it since 2007 when I was interviewing with Devon. Got a quick peek and that is the only reason I knew about it.

[Lafferty Daniel]

I wonder how many people in OKC have no idea this exists. This is a tremendous example of "they don't build them like they used to". This truly is a world class structure - the design compares well with similar buildings anywhere in the US. I swear if I were to win the Powerball tonight I would go to Capmark and force them to sell it to me somehow.

I've lived here my whole life and had never known this existed. Thanks for the pic Pete. Stunning!

[wschnitt]

Why can't the city do for this building what they did for the Skirvin? Take the MAPS 3 money and buy it, renovate it as a hotel, and call it the Convention Center hotel? Isn't there money in MAPS 3 to build a convention hotel? Does the hotel really have to be attached to the convention center to be called the convention center hotel?

God I hope not. If they do that, might as well change our name to Leningrad also.

[Pete]

BTW, that big marble half-walled thing in the center is not original.

It was added sometime later and could easily be removed for my mythical martini bar.