NEW ORLEANS (WVUE) - It’s been five months since an Orleans Parish judge approved a $75 million settlement for the residents of Gordon Plaza and three months since the city council approved $35 million in payouts to property owners who have waited decades to be bought out of homes built atop a toxic dump.
Dozens of homes, townhouses, and even a school were built on top of the old Agriculture Street Landfill, which quit taking debris in 1966. It operated for nearly 60 years before it was shut down, covered with sand, and developed into the Gordon Plaza and Press Park neighborhoods.
But the City of New Orleans has yet to pay residents a dime because there is no legal mechanism to force them. The reason is an obscure provision in the Louisiana constitution that essentially allows state government entities to be sued and lose, but not pay the judgments. The constitution says the funds can’t be seized and can only be paid out if the government appropriates the money. In other words, if the City of New Orleans doesn’t budget the funds for judgments, no judge can force the city to pay.
The New Orleans City Council is attempting to fast-track the process to pay Gordon Plaza residents, who are mostly low-income African Americans.
“We are facing a high level of disregard as we faced the last four decades,” said Gordon Plaza advocate Jesse Perkins at a council hearing Tues., Sept. 6. “If we were white we wouldn’t be in this room, we would already have our money and our homes would not have been built on toxic soil to begin with.”
Perkins, like other residents who bought homes in Gordon Plaza in the 80s and 90s, had no idea his house was built on top of a toxic landfill. In his backyard, an orange tree grows inedible fruit. Soil tests conducted by the EPA in the 1980s found extremely high levels of lead and other powerful toxins, as well as arsenic, dioxins, and polycyclic aromatic hydrocarbons.
Donesia Turner, New Orleans City Attorney, says the city is prohibited by law from purchasing property for more than fair market value. The value of these homes has plummeted since their construction, so the homeowners submitted an appraisal process to the council in August. Turner is now using a law firm to hire experts to conduct appraisals of the 65 properties in question. But residents say what’s being proposed so far is not enough.
“You can’t buy a house today for $200,000,” said resident Olga Johnson.
It has been 28 years since the old 95-acre dump was declared a Superfund site, a US federal government program designed to fund the clean-up of toxic wastes. Gordon Plaza residents say many have died waiting for a payout and the consistent delays caused council tempers to flare Tuesday.
“We have an independent council that will fight for you against an administration that won’t pay,” said Councilmember J.P. Morrell.
“I’ve been fighting my whole life,” said Councilmember Oliver Thomas.
Frustrated residents say the clock is ticking.
“I thought the purpose was to move into another house, the money is there,” said Johnson.
In the end, council members gave the city and its experts 48 hours to come up with an appraisal process for residents to review.
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