This is in response to an article in the November 19, 2021 issue of Coastal Point. The head of the Delaware Department of Transportation (DelDOT) was quoted as saying, “… we are grateful to all who serve and are proud to continue to work to support our military community during their active service and beyond.”
I am an honorable discharged veteran. DelDOT showed its gratitude and support for my military service by using the conviction process to claim a significant portion of my home page without fair compensation. This happened during the Route 26 expansion project.
Almost every aspect of the expropriation of my property, which lasted about six years, was evidence of corruption, abuse of power, and lawlessness, in my opinion.
DelDOT originally requested that I accept compensation for my property less than half what it paid per square meter for all lots near my property, or face conviction. DelDOT paid about $ 8.18 per square foot for lot 22 in the subdivision, while I requested that I accept about $ 3.44 per square foot for my wooded lot 1 in the same subdivision. The legal basis for this discrepancy? In my opinion there isn’t.
DelDOT originally required that I accept $ 8,700 and later about $ 15,000 for the many old trees (some 18 meters tall) and other landscaping that DelDOT took and destroyed. A written report from a distinguished forensic arborist estimated the value of these trees and other landscaping at over $ 42,000.
Why did DelDOT target me and my property with an unconstitutional misuse of the sentencing process? Because I criticized corruption at DelDOT, the most corrupt government agency I have ever met.
My constitutional rights, which I claim have been violated by DelDOT and its accomplices, include – (1) my right to fair compensation, (2) my right as a defendant to be heard, (3) my right to one fair (and expeditious) trial, (4) my right to a fair trial, (5) my right to legal equality, and (6) my right to freedom of expression.
Every participant in the expropriation of my property based on the Soviet model should, in my opinion, be under oath before a grand jury. Instead, they have likely received payments, bonuses, raise, and promotions.
DelDOT spent large sums of money in taxpayers’ money refusing to give me fair compensation for my property. DelDOT paid over $ 50,000 to an unscrupulous law firm in 2016 alone. What was the total amount DelDOT paid to this company during DelDOT against Lesko?
DelDOT paid a West Virginia-based appraiser $ 10,000 to prepare a second derogatory (and therefore arguably fraudulent) appraisal of my property. That $ 10,000 was more like a bribe than a standard valuation fee. This appraisal revealed that the trees and other landscaping in the condemned area of my property were of no value.
Across America, convicts have traditionally been given the greatest possible leeway in what to say to a jury, subject to cross-examination. Over a period of about three years, the judge in DelDOT v. Lesko excluded all or almost all relevant, compulsory and expensive expert evidence – including my written appraisals – that the lawyer representing me wanted to submit to the jury. Evidence excluded included DelDOT’s own valuations and sales contracts. In a healthy constitutional republic, I believe that judge would be deposed from the bank. Instead, he was reappointed and promoted by Carney.
I urge Nicole Majeski to either (1) withdraw her dishonest or ignorant testimony of DelDOT’s gratitude and support to veterans, or (2) see to it that DelDOT’s unconstitutional expropriation of my property fully investigates, expose, punishes, corrects and prevents it from happening again happens.
If Carney leaves office, Delaware will have had one-party rule for about 32 years. In my opinion that is like asking for corruption, abuse of power and ultimately a police state. I would argue that Delaware is well on its way to becoming a police state, but that’s an issue for another time.