We here at The Daily Cardinal are not big fans of eminent domain. On a case by case basis, some exceptions may seem reasonable for the public good. But the idea of the government seizing private property against citizens' will is quite frightening, particularly if the private citizens feel taken advantage of.
Brothers Bar and Grill, a large chain of Midwestern bars, is suing UW-Madison over its decision to use eminent domain to seize Brothers' property on the corner of Lake Street and University Avenue. UW plans to build a $50 million music performance school on the property once Brothers is torn down. The Board of Regents has said they will pay Brothers $2.1 million, nearly $1 million more than the assessed market value. However, Brothers owners Marc and Eric Fortney say the $2.1 million offer is not enough to pay for moving costs after considering they spent nearly $2 million to buy the property.
Building a public music performance hall is not an example of big government attempting to stamp out small businesses, as Brothers owners Marc and Eric Fortney have tried to argue. Both sides are acting in their own interest—the university wants to expand and needs land to do so, and the tavern owners want more money for the trouble and expense of the forced move.
In direct response to the Brothers fiasco, thirteen state legislators are currently working on a bipartisan bill to limit the university's ability to exercise eminent domain. The bill would require a three-fourths vote of approval by the state Joint Finance Committee to approve any exercise of eminent domain by the Board of Regents.
However, even if the bill passes, the state Department of Transportation, county and city governments would still have the ability to exercise eminent domain. Even railroad, utilities and telecommunication companies can seize property through condemnation with government approval.
It's easy to portray Brothers as the poor, lowly underdog in this situation, but both sides are shaking up the other too much in this procedure. Brothers at least deserves money to compensate for loss of business or cover moving expenses, in addition to the market value price. Even if they want to milk the university for more than their land is worth, that's their prerogative. After all, they own the property, and they should be able to command whatever asking price they want. But the large chain is going about this the wrong way, just like the university.
What bothers us is not the goal of either side, but the way this process has been conducted. The university should operate like any other community member, not a big kid on the block who can push anybody around at will.
Brothers' transgressions stem from unprofessional conduct. From a cheesy interview on Fox News to a barrage of ads in the student newspapers and the Onion, Brothers has taken their argument to the street in a very brash way. With the most recent stunt, full-page ads in three newspapers—including The Daily Cardinal—they crossed the line by calling out the anonymous donor contributing $15 million for the music hall project. If Brothers wants to criticize the donor, they are welcome to do so. But they can't call out one of our university's most generous benefactors and expect to maintain any sort of sympathy for their plight.
The bar is not the ""little guy,"" they have attempted to portray themselves as. Brothers is a large chain with 15 locations throughout the Midwest. As a large business, the publicity blitz makes sense—they can try to attract more customers while pushing UW for more money. But Brothers must approach this process with more respect for outside actors, especially a university donor. Using mudslinging to accomplish your goals is just going to use up any goodwill you already have. Brothers, you have officially used up all of yours.
