Dear Editor,

“Covenants running with the land” is a term that is used in real estate concerning covenants that are placed on the property and referred to in the deed. The covenant runs with the land because it remains attached to it despite subsequent changes in its ownership.

The deed to the $10 piece of property the city is “selling” has Covenants that require the property to be used for “industrial use only” The land is zoned “Heavy Industry” TVA says it is industrial use property. Even when they “remove” the covenants, what then?

Now, we have some very smart and highly creative lawyers in this town, just look at how they got the covenants, a park and a pier, removed from the Harbor property and leased it for $100 per year. (by the way, how did they do it?) All this couldn’t be done without a willing and resourceful group of councilmen that makes all this type of — what is the word, “shenanigans?” — possible. I’m not sure though, but they may have called in a specialist from Birmingham to help. The council would not even go for an appraisal!

One other thing while I’m at it, is how the mayor and council reconciles the “breach of fiduciary trust” when selling the land for $10 when they had a company that say’s they will give appraised value, maybe $2,000,000, follow the same policies of the agreement. Hard to believe. They must not be planning on running for office again, shorting the taxpayers 2 million. “Shocks the conscience.”

So, I guess we can only watch to see how this type of legal wrangling is done by a group of the finest in the state. 

Joel Kennamer


(3) comments


Sorry but this is nonsense. The tax revenue the city is taking in as a result of what is in City Harbor so far proves this development is worth the land deals the city is making.

The city allocates the land, the developer invest in the development, the citizens benefit from the development and the city takes in the tax dollars.

That's how it works all over the world.

Rick Webber

The city would get tax revenue regardless. So, it's not non sense, it's more akin to theft.

citizen activist

Will the citizens benefit from a hotel? or will the developer(s) primarily benefit? The Alabama courts have said "increasing tax revenue does not serve a public purpose" Alabama cities are misusing the phrase "public purpose" and allowing private developers to use "public property".

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