OMAHA, Neb. (KMTV) — Businesses are struggling along the streetcar route, some moving, others closing their doors completely. A law professor says there is something they could do that might put money back in their pockets.
BROADCAST TRANSCRIPT:
"Small businesses are feeling like collateral damage at this point," said Eryn Swan, owner of Wag.
"Downtown Omaha is changing for the better, but it feels like the worst right now," said Allie Foltz, a plantista at Nodest Home Plants.
Orange and white cones block off parts of 25th and Farnam. Reporter Molly Hudson met Creighton Law Professor Paul McGreal here.
He's thought a lot about businesses along the streetcar route and how much they've been affected. He thinks, well, like a lawyer.
"The Supreme Court has said that if the government acts in ways that significantly, that's the word they use, significantly impacts the value of your property or your ability to use the property, that can be a taking," McGreal said.
The 'Takings Clause' is a real thing in the law. So is something called "constructive eviction," which he explained this way;
"If a landlord took up all your parking, blocked the entrances to your building so that you could no longer really do business there, which is the reason you leased it, you'd be constructively evicted, and that's an interference with your property rights that should be protected under the Fifth Amendment," McGreal said.
He thinks businesses from downtown to midtown to Blackstone could get financial assistance because the clause protects that, too.
"It says when the government takes these actions, it should ensure that every member of the community is made whole, that they are paid for what has been taken from them," McGreal said.
Reporter Molly Hudson asked the city what they thought about McGreal's argument.
The City Law Department shared this statement.
"We understand that the utility and bridge work being done in preparation for streetcar construction is impacting businesses.
The Omaha Streetcar Authority, City, utility companies and contractors have worked diligently to ensure delivery and pedestrian access to all businesses; and they continue to make every effort to minimize the duration of these impacts.
The bridge work underway is the first of many bridges over I-480 that the State of Nebraska has scheduled for reconstruction in coming years just as they have elsewhere."
The store owners would have to actually file a lawsuit against the city, and that, in itself, could cost them more money.
