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Letter Cautions Sand Springs, Oklahoma of Eminent Domain Abuse
On March 28, 2006, The Becket Fund for Religious Liberty, on behalf of Centennial Baptist Church, sent a letter to the City of Sand Springs, Oklahoma demanding that the City immediately cease and desist from further attempts to acquire the Church's property in defiance of its constitutional and statutory rights. The City recently offered to purchase Church property and has indicated that it will invoke eminent domain to seize the Church's property so that it can build a new commercial development complex. The Church has officially rejected the offer and refuses to relocate from the home that this small, but vibrant African-American congregation has worshiped in for decades.
“To put it simply,” the letter states, “the Church property is not for sale, and any attempt by the City to seize the Church’s property through eminent domain will be challenged by immediate legal action.” The letter further cautions the City that “the Church’s right to engage in religious exercise on its property, free from government burden and interference, is fully protected by the First and Fourteenth Amendments of the United States Constitution, the Oklahoma Religious Freedom Act, and the Religious Land Use and Institutionalized Persons Act of 2000.”
“Constitutional, federal, and state law protections fortunately provide religious institutions with a sound foundation to stand on in the eminent domain context,” explains Jared N. Leland, Spokesman and Legal Counsel for The Becket Fund.
“Otherwise, without such protections, revenue hungry municipalities would routinely try to turn tax-exempt houses of worship into houses of pancakes,” Leland states.
Reverend Roosevelt Gildon, Pastor of Centennial Baptist Church, intends to fight eminent domain abuse outside the courts as well by gathering signatures for the “Protect Our Homes” initiative in Oklahoma. The measure, sponsored by Americans for Limited Government to stop eminent domain abuse and other threats to property rights in the state, is slated to appear on the November 2006 ballot.
“It’s time to take back property rights for religious institutions,” said Derek L. Gaubatz, Director of Litigation for The Becket Fund.
“The First Amendment does not tolerate eminent domain abuse at any time or for any reason,” Gaubatz adds.