We're still not safe from eminent domain
As regular readers know, I've been writing about eminent domain since my very first No Force commentary Is your home your castle? back in May of 2003. Since then, I've written at least 10 more times and talked about it whenever anyone would listen. I formed a fledging organization, PATROL, and interested a few people, but for most of that time, it was hard to interest anyone who wasn't already a victim. You see, eminent domain is one of those things that people believe "always happens to someone else", so there's no need to worry about it. Add in the attitude that "you can't fight city hall" and you have the ingredients that allowed cities and counties to become seriously abusive of their eminent domain powers.
Then, a very funny thing happened. The Supreme Court took on a case (Kelo vs. New London, CT) that could have stopped eminent domain abuse. It should have been a slam-dunk for the good guys. It should have been an emphatic affirmation of a decision by the Michigan Supreme Court in July of 2004 that actually reversed an earlier decision by that court and slammed the door on more abuse.
Unfortunately, the Supreme Court shocked the nation by ruling that local governments MAY seize people's homes and businesses against their will for private development, even when the government doesn't have specific plans for that development.
While those of us following the issue were expressing outrage at the Supreme Court decision, the funny thing happened. Suddenly, everyone was outraged. Commentary proliferated all over the internet, and very quickly legislatures were busy drafting legislation to prevent eminent domain abuse in many states. Suddenly, people who had ignored the problem for years were up in arms and jumping on the bandwagon.
Naturally, the response by legislators, holding press conferences condemning the court's decision, and introducing legislation to "solve" the problem, is about as reliable as tomorrow's weather forecast.
Fortunately, there are other forces at work to make sure that eminent domain continues to be a prominent issue, and that abuse has continual opposition. The Institute for Justice, which has been fighting eminent domain abuse for years and represented the homeowners in the Kelo case, dedicated $3 million in response to the Kelo decision. They've dramatically improved their Castle Coalition website, including a dynamite maps section that will show past, current, and threatened abuse cases from all over the nation.
Locally, there's a new coalition organization, Minnesotans for Eminent Domain Reform that will be pressing hard for legislation to prevent more abuse. I've joined, and I encourage all of you to do the same. If you're part of an organization that should be in the coalition, take steps to get them in.
Eminent domain abuse causes tremendous grief for lots of people, and believe me... your property is not safe as long as the rules stay as they are. All of the abuse victims I've talked to were surprised when it happened to them... they too thought it always happened to someone else... someone who probably deserved it. Trust me... it can happen to ANYBODY. No property is safe as long as political entities can just take it and sell it to the highest bidder.
Then, a very funny thing happened. The Supreme Court took on a case (Kelo vs. New London, CT) that could have stopped eminent domain abuse. It should have been a slam-dunk for the good guys. It should have been an emphatic affirmation of a decision by the Michigan Supreme Court in July of 2004 that actually reversed an earlier decision by that court and slammed the door on more abuse.
Unfortunately, the Supreme Court shocked the nation by ruling that local governments MAY seize people's homes and businesses against their will for private development, even when the government doesn't have specific plans for that development.
While those of us following the issue were expressing outrage at the Supreme Court decision, the funny thing happened. Suddenly, everyone was outraged. Commentary proliferated all over the internet, and very quickly legislatures were busy drafting legislation to prevent eminent domain abuse in many states. Suddenly, people who had ignored the problem for years were up in arms and jumping on the bandwagon.
Naturally, the response by legislators, holding press conferences condemning the court's decision, and introducing legislation to "solve" the problem, is about as reliable as tomorrow's weather forecast.
Fortunately, there are other forces at work to make sure that eminent domain continues to be a prominent issue, and that abuse has continual opposition. The Institute for Justice, which has been fighting eminent domain abuse for years and represented the homeowners in the Kelo case, dedicated $3 million in response to the Kelo decision. They've dramatically improved their Castle Coalition website, including a dynamite maps section that will show past, current, and threatened abuse cases from all over the nation.
Locally, there's a new coalition organization, Minnesotans for Eminent Domain Reform that will be pressing hard for legislation to prevent more abuse. I've joined, and I encourage all of you to do the same. If you're part of an organization that should be in the coalition, take steps to get them in.
Eminent domain abuse causes tremendous grief for lots of people, and believe me... your property is not safe as long as the rules stay as they are. All of the abuse victims I've talked to were surprised when it happened to them... they too thought it always happened to someone else... someone who probably deserved it. Trust me... it can happen to ANYBODY. No property is safe as long as political entities can just take it and sell it to the highest bidder.
posted by Robert Ronald Smith at 1:31 AM
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