One Iranian Family’s Fight to Keep a
Colorado City From
Taking Their Property
When Nasrin Kholghy opened the letter from the
city of Glendale, Colo., in April, it transported her
back to another country in another time.
city of Glendale, Colo., in April, it transported her
back to another country in another time.
The letter notified Kholghy of an upcoming city
council meeting.
council meeting.
There, Glendale’s leaders would be voting to
approve the use of a tool that would give them
the power to take Kholghy’s property and
transform it into a planned retail, entertainment,
and dining redevelopment project.
approve the use of a tool that would give them
the power to take Kholghy’s property and
transform it into a planned retail, entertainment,
and dining redevelopment project.
The news brought Kholghy back to Iran, the
country she emigrated from alone in the 1970s.
country she emigrated from alone in the 1970s.
“When I got the letter of them being able to use
eminent domain, I really, really felt—we lost a
lot of land in Iran when the revolution happened,
” Kholghy said. “I thought, ‘Oh my gosh, it’s
happening again. We’re losing it again.’”
eminent domain, I really, really felt—we lost a
lot of land in Iran when the revolution happened,
” Kholghy said. “I thought, ‘Oh my gosh, it’s
happening again. We’re losing it again.’”
Eminent domain is a power given to the
government to take private property for a
public use. In Kholghy’s case, the city had
its eyes on six acres of property her family
owned.
government to take private property for a
public use. In Kholghy’s case, the city had
its eyes on six acres of property her family
owned.
The property contains the family’s 30-year-old
rug business, Authentic Persian and Oriental
Rugs.
rug business, Authentic Persian and Oriental
Rugs.
Last month, the city offered to buy the Kholghys’
property for $11 million. But the family rejected
the offer, saying instead they wanted to remain
in the community they’ve called home since
Kholghy came to the United States 40 years ago.
property for $11 million. But the family rejected
the offer, saying instead they wanted to remain
in the community they’ve called home since
Kholghy came to the United States 40 years ago.
“I have memories of our kids jumping on rug piles.
They pretended the floor was lava,” Kholghy said
in an interview with The Daily Signal. “We’ve had customers who’ve done that, and they bring their
kids. The same person who jumped on the rugs,
they bring their kids to jump on the rugs. It’s not
were just going to take this money and go away.”
They pretended the floor was lava,” Kholghy said
in an interview with The Daily Signal. “We’ve had customers who’ve done that, and they bring their
kids. The same person who jumped on the rugs,
they bring their kids to jump on the rugs. It’s not
were just going to take this money and go away.”
Humble Beginnings
It’s difficult not to smile when speaking to
Kholghy about her start in the United States.
Kholghy about her start in the United States.
The oldest of five, Kholghy laughs as she
remembers details about her younger years.
remembers details about her younger years.
In her early 20s, when she was just getting
started in the industry, Kholghy confronted and
challenged a rug shop owner.
started in the industry, Kholghy confronted and
challenged a rug shop owner.
“I told him I would open a shop and ‘put you
out of business,’” Kholghy recalls. “Sometimes
you forget [those] things.”
out of business,’” Kholghy recalls. “Sometimes
you forget [those] things.”
The Iranian woman has had the same phone
number since 1976—”nobody else has that
long-running of a phone number,” she said—
and still remembers the exact date she arrived
in the United States from Iran: Jan. 6, 1975.
number since 1976—”nobody else has that
long-running of a phone number,” she said—
and still remembers the exact date she arrived
in the United States from Iran: Jan. 6, 1975.
Kholghy traveled to the States with her mother,
who returned to Iran a month later, leaving
Kholghy alone to learn English in Trinidad,
Colo., and pursue an American education.
who returned to Iran a month later, leaving
Kholghy alone to learn English in Trinidad,
Colo., and pursue an American education.
Over the next four years, Kholghy settled into
her life in the United States. She got married
to her husband, Mozy Hemmati, at the close of
1975, and the couple graduated together from the University of Colorado Denver four years later.
her life in the United States. She got married
to her husband, Mozy Hemmati, at the close of
1975, and the couple graduated together from the University of Colorado Denver four years later.
After graduation, Kholghy and her husband
decided to remain stateside, as the revolution
in Iran had broken out while they were in school.
decided to remain stateside, as the revolution
in Iran had broken out while they were in school.
By 1979, three of Kholghy’s four siblings had
joined their oldest sister in the United States,
and they all lived together in a home in Glendale,
Colo., which the family still owns today.
joined their oldest sister in the United States,
and they all lived together in a home in Glendale,
Colo., which the family still owns today.
Then, 52 Americans were held hostage in Tehran,
and it became impossible for Kholghy’s parents
to send their children money.
and it became impossible for Kholghy’s parents
to send their children money.
But Kholghy’s dad found a way to help his kids.
“My father called and said, ‘The only thing that
Iran is letting out is rugs, so I’m going to send
you guys some rugs, and then sell them and
eat and go to school and pay tuition. Just use
it,’” Kholghy recalled.
Iran is letting out is rugs, so I’m going to send
you guys some rugs, and then sell them and
eat and go to school and pay tuition. Just use
it,’” Kholghy recalled.
When the first rugs arrived from Iran, Kholghy
tried to sell them to other stores.
tried to sell them to other stores.
She opened the Yellow Pages, found the
largest ad for rugs she could find and made an appointment. But after a bad experience with
the store’s owner—the same man she vowed
to put out of business—Kholghy found herself
outside of an empty storefront in the Cherry
Creek Shopping Center.
largest ad for rugs she could find and made an appointment. But after a bad experience with
the store’s owner—the same man she vowed
to put out of business—Kholghy found herself
outside of an empty storefront in the Cherry
Creek Shopping Center.
The building was set to be demolished, and
management told Kholghy they were no longer
leasing.
management told Kholghy they were no longer
leasing.
She offered to lease the space for just one day,
one week, one month—the amount of time
didn’t matter—so long as Kholghy had a place
to sell the rugs her father had sent from Iran.
one week, one month—the amount of time
didn’t matter—so long as Kholghy had a place
to sell the rugs her father had sent from Iran.
Kholghy’s pleas worked, and she began leasing
the space.
the space.
“We didn’t even know what they were worth,”
she said of the Persian rugs her father sent.
“We just sold them for whatever people paid
for them.”
she said of the Persian rugs her father sent.
“We just sold them for whatever people paid
for them.”
Now more than three decades later, what
began as a temporary way for the Kholghy’s
to pay their college tuition has grown into a
full-time business, Authentic Persian and
Oriental Rugs.
began as a temporary way for the Kholghy’s
to pay their college tuition has grown into a
full-time business, Authentic Persian and
Oriental Rugs.
“Oh, my God, we got lucky,” Kholghy said,
looking back at how her business began.
“People came.”
looking back at how her business began.
“People came.”
Adding To the Land
For the last 25 years, the Kholghys have been
running their business on roughly an acre of
property located on one of the busiest streets in the Denver area.
running their business on roughly an acre of
property located on one of the busiest streets in the Denver area.
The family runs the store together. In 2006,
they officially purchased their property and
the adjacent five acres of land, which they
now lease to a hair salon, marijuana shop,
car dealership, and detail center.
they officially purchased their property and
the adjacent five acres of land, which they
now lease to a hair salon, marijuana shop,
car dealership, and detail center.
“We’ve always had a feeling that this area
could be much nicer, better, with more stuff,”
Kholghy said. “We thought of adding little
things to the land.”
could be much nicer, better, with more stuff,”
Kholghy said. “We thought of adding little
things to the land.”
In 2007, the family decided to put together
a plan to spruce up their property, drafting a redevelopment plan that included 11
condominiums on top of two stories of
restaurants and shops, including their
own store, Authentic Persian and Oriental Rugs.
a plan to spruce up their property, drafting a redevelopment plan that included 11
condominiums on top of two stories of
restaurants and shops, including their
own store, Authentic Persian and Oriental Rugs.
It was Kholghy’s dream to live in one of the condos overlooking the business she built, which she knew
her own children would take over eventually.
her own children would take over eventually.
“I had in my head that when I retire and I’m old,
I can be upstairs and still watch over [the family],”
Kholghy said.
I can be upstairs and still watch over [the family],”
Kholghy said.
The family submitted the plan to the city, which
considered but eventually rejected it.
considered but eventually rejected it.
“After talking back and forth with them, it became
apparent they weren’t going to let us do anything
we wanted,” Kholghy said. “They’re going to find
a way to say no.”
apparent they weren’t going to let us do anything
we wanted,” Kholghy said. “They’re going to find
a way to say no.”
Dreams Demolished: 10 Years After the
Government Took Their Homes, All That’s
Left Is an Empty Field
Government Took Their Homes, All That’s
Left Is an Empty Field
‘It’s Happening All Over Again’
Just before the city of Glendale sent the
Kholghys the letter notifying them about the
potential for condemnation, officials
unveiled Glendale 180, “a dining and entertainment
development that reestablishes Glendale’s position
as the essential social hub of the Denver area.”
Kholghys the letter notifying them about the
potential for condemnation, officials
unveiled Glendale 180, “a dining and entertainment
development that reestablishes Glendale’s position
as the essential social hub of the Denver area.”
The 42-acre project is projected to cost $175 million
and, according to a map of the proposed site
released by the city, is situated on property
that includes the land the Kholghys own.
and, according to a map of the proposed site
released by the city, is situated on property
that includes the land the Kholghys own.
After unsuccessful negotiations, the Glendale
City Council voted in May to give the city’s
Urban Renewal Authority the power to use
eminent domain for the Kholghys’ six acres
of land.
City Council voted in May to give the city’s
Urban Renewal Authority the power to use
eminent domain for the Kholghys’ six acres
of land.
“I felt like it’s happening all over again, and I
felt what my father must’ve felt when they took
all his land in Iran,” Kholghy said.
felt what my father must’ve felt when they took
all his land in Iran,” Kholghy said.
The city is projected to break ground this fall.
A city official declined to make Mayor Mike
Dunafon and members of the city council
available for interviews because of pending
litigation.
A city official declined to make Mayor Mike
Dunafon and members of the city council
available for interviews because of pending
litigation.
Post-Kelo Takings
The last clause of the Fifth Amendment, the
Takings Clause, gives the government the
power to condemn land through eminent domain
if it satisfies two conditions: first, it’s for a public
use, and second, the owner of the land must
receive just compensation.
Takings Clause, gives the government the
power to condemn land through eminent domain
if it satisfies two conditions: first, it’s for a public
use, and second, the owner of the land must
receive just compensation.
Historically, public use constituted the taking
of property for a school, bridge, or road—
an entity that benefited the public.
of property for a school, bridge, or road—
an entity that benefited the public.
However, in 2005, the U.S. Supreme Court
broadened the definition of public use in the
controversial case Kelo v. City of New London.
According to the high court’s ruling, the
government has the right to use eminent
domain to transfer property from one private
party to another private party for economic
development so long as just compensation
is provided.
broadened the definition of public use in the
controversial case Kelo v. City of New London.
According to the high court’s ruling, the
government has the right to use eminent
domain to transfer property from one private
party to another private party for economic
development so long as just compensation
is provided.
The ruling became one of the most despised
in the court’s history.
in the court’s history.
In the wake of the Kelo decision, more than
40 states passed laws limiting the use of
eminent domain for transfers to private parties.
In 11 of those states, the legislature passed
constitutional amendments.
40 states passed laws limiting the use of
eminent domain for transfers to private parties.
In 11 of those states, the legislature passed
constitutional amendments.
Immediately following the Kelo decision,
reports of local and state governments’
using eminent domain for private-to-private
takings died down.
reports of local and state governments’
using eminent domain for private-to-private
takings died down.
Now, a decade after the Kelo case, Paul Larkin,
a senior legal research fellow at The Heritage
Foundation, said he believes municipalities will
begin exercising their eminent domain power
for such condemnations once again now that public pressure has eased some.
a senior legal research fellow at The Heritage
Foundation, said he believes municipalities will
begin exercising their eminent domain power
for such condemnations once again now that public pressure has eased some.
“There have been so many developments in
the law, so many developments in life and so
many developments in politics since [2005] that
it’s fair to say that this issue, which captivated the American public back 10 years ago when the
Kelo decision was decided, now has dropped
precipitously in the ordinal ranking of important
issues,” Larkin said in an interview with The
Daily Signal. “So it would surprise me for cities
and states not to start to do this again.”
the law, so many developments in life and so
many developments in politics since [2005] that
it’s fair to say that this issue, which captivated the American public back 10 years ago when the
Kelo decision was decided, now has dropped
precipitously in the ordinal ranking of important
issues,” Larkin said in an interview with The
Daily Signal. “So it would surprise me for cities
and states not to start to do this again.”
In the Kholghys’ case, the city voted to
use eminent domain to transfer their privately
owned property to another private party, who
would then redevelop the land and build the
restaurants and entertainment for Glendale 180.
use eminent domain to transfer their privately
owned property to another private party, who
would then redevelop the land and build the
restaurants and entertainment for Glendale 180.
Prior to approving the use of eminent domain
to condemn the Kholghys’ property, the city
conducted a study in 2013 to determine
whether the area is “blighted.”
to condemn the Kholghys’ property, the city
conducted a study in 2013 to determine
whether the area is “blighted.”
According to the survey, a “blighted area”
is one that “substantially impairs or arrests
the sound growth of the municipality, retards
the provision of housing accommodations,
or constitutes an economic or social liability,
and is a menace to the public health, safety,
morals or welfare.”
is one that “substantially impairs or arrests
the sound growth of the municipality, retards
the provision of housing accommodations,
or constitutes an economic or social liability,
and is a menace to the public health, safety,
morals or welfare.”
Additionally, for an area to be deemed
“blighted,” it must satisfy at least four of
12 factors identified by the state, which
range from “slum, deteriorated, or
deteriorating structures” to “unusual
topography or inadequate public improvements
or utilities.”
“blighted,” it must satisfy at least four of
12 factors identified by the state, which
range from “slum, deteriorated, or
deteriorating structures” to “unusual
topography or inadequate public improvements
or utilities.”
For a municipality to legally invoke eminent
domain, a property must be deemed “blighted.”
domain, a property must be deemed “blighted.”
After the 2013 study, the city said Authentic
Persian and Oriental Rugs constituted a
“blighted area.”
Persian and Oriental Rugs constituted a
“blighted area.”
“Your business is what gives you sustenance,”
Larkin said. “Business allows you to buy the
house. Business allows you to provide groceries
for the people who live there. The business
allows you to provide a commodity that the
community desires, and it gives you a place
in the community as a respected businessperson.
If they take your business away, they are essentially taking away that part of not simply what gives you sustenance, but also your identity.”
Larkin said. “Business allows you to buy the
house. Business allows you to provide groceries
for the people who live there. The business
allows you to provide a commodity that the
community desires, and it gives you a place
in the community as a respected businessperson.
If they take your business away, they are essentially taking away that part of not simply what gives you sustenance, but also your identity.”
‘In Limbo’
Late last month, Glendale offered to buy
the Kholghys’ six acres from the family for
$11 million and gave them several days to
make their final decision.
the Kholghys’ six acres from the family for
$11 million and gave them several days to
make their final decision.
The family turned it down, insisting they
wanted to stay in the same location they
had been for the last 25 years.
wanted to stay in the same location they
had been for the last 25 years.
“The most important thing to us is being here
and having the shop here,” Kholghy said.
and having the shop here,” Kholghy said.
The offer was millions less than a previous
bid the city made in 2012, for $19 million,
which the Kholghys also declined. The city,
Kholghy suspects, was well aware that the
family would decline their July proposal.
bid the city made in 2012, for $19 million,
which the Kholghys also declined. The city,
Kholghy suspects, was well aware that the
family would decline their July proposal.
“If you said no to $19 million, why would
we say yes to $11 million? They knew that,”
Kholghy said. “I think they just said that to
get the media and public pressure off of them.”
we say yes to $11 million? They knew that,”
Kholghy said. “I think they just said that to
get the media and public pressure off of them.”
After the family denied the offer, the city
issued a statement saying they would move
forward with redevelopment without the Kholghys’ property.
issued a statement saying they would move
forward with redevelopment without the Kholghys’ property.
“We were prepared and excited to proceed
either way,” said Dunafon, the Glendale
mayor, in the statement. “But now that the
path forward is clear, things will really kick
into high gear.”
either way,” said Dunafon, the Glendale
mayor, in the statement. “But now that the
path forward is clear, things will really kick
into high gear.”
Linda Cassady, Glendale’s deputy city
manager, told The Daily Signal the city’s
Urban Renewal Authority “doesn’t have
any intention of condemning the property.”
manager, told The Daily Signal the city’s
Urban Renewal Authority “doesn’t have
any intention of condemning the property.”
“If we did that, it would be a really
unfortunate thing for Glendale, and we
really don’t have any intention to do that,” she said.
unfortunate thing for Glendale, and we
really don’t have any intention to do that,” she said.
Kholghy, though, isn’t convinced.
The city has said they won’t use eminent
domain for the Glendale 180 project and
won’t remove the property’s “blighted”
designation, which is legally required to
use eminent domain.
domain for the Glendale 180 project and
won’t remove the property’s “blighted”
designation, which is legally required to
use eminent domain.
“They say, ‘We will not use condemnation
for this project,’” she said. “You will use it
for another project. They leave themselves
open to do what they want at any time.”
for this project,’” she said. “You will use it
for another project. They leave themselves
open to do what they want at any time.”
When asked if the city will re-examine whether
the area is blighted, Cassady said the onus
is on the Kholghys to “cure the blight.”
the area is blighted, Cassady said the onus
is on the Kholghys to “cure the blight.”
Larkin says the Kholghys are right to be skeptical.
“From what I know, everything the city has
done is fully consistent with an effort to be
able to argue in court, were they to take
that property, that they have acted with
entirely benevolent motives of protecting
the property, by advancing the community’s
welfare,” he said.
done is fully consistent with an effort to be
able to argue in court, were they to take
that property, that they have acted with
entirely benevolent motives of protecting
the property, by advancing the community’s
welfare,” he said.
“I don’t think these people are out of the
woods yet,” Larkin continued. “After all,
unless and until the city quite affirmatively
says ‘we will not take your property,’ they
can always walk back from anything they’ve
said before. Even more so, even if they
were to say ‘we will not take your property,’
that doesn’t prohibit other political officials
from changing their mind in the future.’
woods yet,” Larkin continued. “After all,
unless and until the city quite affirmatively
says ‘we will not take your property,’ they
can always walk back from anything they’ve
said before. Even more so, even if they
were to say ‘we will not take your property,’
that doesn’t prohibit other political officials
from changing their mind in the future.’
Kholghy said she just wants to know her
property will be safe from condemnation.
property will be safe from condemnation.
“We don’t want to fight. We don’t want to
be in limbo,” Kholghy said. “You want to
go on with your life. You want to know
what to plan for. Life is hard as it is
without thinking what’s going to happen
in the next day or so.”
be in limbo,” Kholghy said. “You want to
go on with your life. You want to know
what to plan for. Life is hard as it is
without thinking what’s going to happen
in the next day or so.”
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