Ken & Barbara Miller’s Message on Sound Transit’s Proposition 1 (ST2)

October 31st, 2008

We received an email from Ken & Barbara Miller today with a message which outlines their views on Sound Transit’s Proposition 1 (ST2) to expand light rail. They have sent this message far & wide, to citizens and elected officials.

The Millers are the couple that had their Tacoma property condemned by Sound Transit.

The Millers’ case is the one that prompted the state legislature to draft a new law to (at the very least) notify property owners by registered letter of an agency’s decision to acquire their property.

Sound Transit had buried the decision on their website.

John Ladenburg was Chair of Sound Transit at the time, and has defended Sound Transit’s actions even after the legislature took action to protect Washington property owners by creating a new law. Agencies must now at least send folks a registered letter outlining their decision.

The content of the Millers’ message raises a lot of questions about the use of eminent domain and the behavior of public agencies, and is worth considering, if you are a taxpayer or property owner in Washington State.

Click here for the Weekly Volcano’s article: “Ken and Barbara Miller have been forced to take a bad ride from Sound Transit”.

And HEREWashington Policy Center’s “A False Sense of Security: The Potential for Eminent Domain Abuse in Washington”.

From Ken & Barbara Miller:

We urge your no vote on the Sound Transit proposition on the 2008 ballot in the Puget Sound region.

The system is not a practical use of limited transportation funds in this area.  The agency has simply wasted many billions of dollars during the years of the agencies existence in the Puget Sound region!

We are very familiar with the organization known as Sound Transit and have had years of personal experience with those who are promoting the Sound Transit Scheme and all that goes with it.

Our personal experience has stemmed from the treatment received by us related to a long owned family business ownership in South Tacoma.  That property was taken from us needlessly since the agency had many choices for the siting of a parking lot which by the way won’t even be needed for passenger train service for many years to come.

Sound Transit took our property and the compensation finally provided, as we had worried, barely covered the almost 1/2 million dollar legal cost incurred.  Those cost for us were for the nearly 4 years of legal maneuvering by the agency that rose to astronomical levels from the date of initial action filed by Sound Transit against us in July of 2004 ultimately taking our ownership.

Sound Transit is by far the most devious agency in the entire State of Washington.

Sound Transit has little meaningful oversight of their operation whatsoever.  Current members of Sound Transit’s unelected board are hand selected as they have always been for the board positions held and are influenced very little by views of the voters.

It’d be easy to expound for a very long time about our Sound Transit experience now having gone on for many years and taking $100s of thousands of dollars of personal funds we no longer will have.

Agency officials took our land from us and we essentially received no compensation for our ownership .We will therefore not ever have any way to replace our 30 year ownership with another property anywhere let alone a location like we had.   Citizens need to be grateful for what they might have today - it could be taken away tomorrow.

In reality there is no protection whatsoever for those who are subjected to the eminent domain process.  The words “just compensation” are absolutely meaningless. Payment for properties taken are largely whatever the whim of the agency might be.   There is little that can be done in such circumstances.  Judges at all levels do little to protect citizens’ supposed constitutional guarantees.

In our case - at the trial for compensation added to the mix - is the fact that the jury process was severely flawed - the attorney representing us was grossly inadequate at trial - the pro-tem judge presided questionably - the 2 alternate jurors who shouldn’t even have been in final deliberation were left on the jury - one of the alternates jurors was a brother of a seasoned ranking Sound Transit official - that juror somehow became the jury foreman (there is more to the jury foreman tale) - Sound Transit simply overwhelmed the entire  proceeding.

Trial costs to Sound Transit were of no concern - Sound Transit had staff attorneys & legal staff present along with the attorneys & legal assistants from Graham & Dunn. Various outside consultants were on hand to testify. There was biased testimony from some in government  - (the details are just unending).

Sound Transit cares not a wit what happens to citizens who are having private property taken from them.   Sound Transit makes polished public statements about acquisitions of property with various assurances & express promises to help those who fall “victim” to eminent domain actions. Agency policies and assistance are described unendingly by the agency but All of
the mentioned assistance tends to be forgotten and ignored when takings actually take place.

Sound Transit is the most corrupt operation to ever exist in the State of Washington!

The agency appears unstoppable with legal firms, engineers, consultants and many others reaping huge rewards in the Sound Transit scheme.  Those who are recipients of the fabulous riches bestowed upon them by Sound Transit in turn donate large sums to elect officials & re-elect them retaining positions.   Those officials continue supporting ongoing Sound Transit efforts, which continue to plunder taxpayers, property owners and citizens in general.  It is a never-ending, continuous cycle that seems like its unstoppable.

Something must be done to change the un-American conduct exemplified by what takes place in Sound Transit activities in the region.  Little seems to be taking place to promote any sort of change in these ongoing activities that remain rampant in the State of Washington and elsewhere throughout the country.

Thanks,

Ken & Barbara Miller”

Here are our other posts related to this subject:

HERE Washington Supreme Court Decsions Related to Transportation Agencies & New Candidates

HERESound Transit’s Premature Demolition of 1910 “Hansen House” Precludes Historical Use

HERE Sound Transit’s behavior in the Miller property condemnation case should give us all pause