In light of recent revelations by the Phoenix that the city may have to pay at least $3.7 million to reimburse three Muskogee property owners whose land was illegally confiscated (read taken without payment), that brings up several questions: How did this happen? Who made the decision? Was legal advice sought first? What did the city manager know and when did he know it? And, probably the most important question —where is the outrage from our City Council that this even happened?

Or is this just “routine business practice” that they accept as “normal?”

Don’t fool ourselves. It probably will cost taxpayers much more than $3.7 million — that’s just what three independent commissioners decided the property was worth. Then you have compounded interest in the amount of at least 6 percent going back to the year the confiscation took place, one which goes back to 1997. Then, of course, there’s attorney fees at $200 an hour, possibly more. One of the plaintiffs in this case estimated that it could cost the city $8 million to $10 million. That’s as much as the city has in emergency reserve (a little over $4 million) and the $5 million designated for the Muskogee Foundation.

Let there be no mistake — the city admitted that they failed to meet the timely deadline to appeal this issue. Case No. CJ-07-1371, page 4, line 28, “... the City conceded as a matter of law that it did in fact invade and take actual, physical possession of the condemnees’ real and personal property prior to the determination of their damages by the commissioner’s report . . .”

What this says is that the city did not wait for the three-person independent commissioners’ report to come back and tell them what the property they wanted to seize was worth. Now the taxpayers will pay mightily for the city’s impatience.

The “big picture” question is can the city (i.e. the taxpayers) afford to continue to pay for the mistakes, errors in judgment and impatience of city officials?

The condemnation of private property without just compensation is an extremely serious violation of not only the law but of the state and U.S. Constitutions — of which both guarantee the sanctity of private property from the greedy hands of big government.

Will the council let this “play its course” and just comply with the judgment? Or will the council take action to ensure that this never happens again — for it should never have happened in the first place.

Without decisive City Council action, which should be an investigation by an independent agency like the Oklahoma State Bureau of Investigation, the council is basically condoning this action and doing nothing to prevent it from happening again.

By the way, an independent investigation is no good unless the results are made public within a reasonable amount of time, say 90 days.

This type of incompetence, lack of judgment, “eager beaverness to get the job done” (call it what you will), that could possibly cost up to $10 million, would not be tolerated in private business — someone would be fired or seriously demoted. Why should Muskogee taxpayers not deserve the same action from its “board of directors,” the City Council?

Hughes is a Muskogee resident.