Book about Eminent Domain
Here’s a plug for a book that highlights abuses of Eminent Domain, entitled Abuse of Power: How the government misuses eminent domain, by Steven Greenhut:
Few phrases in the American lexicon seem as ominous, regal and potentially frightening as “eminent domain.” And that’s as it should be. The government’s power to condemn and forcibly take a person’s private property, even if compensation is paid, isn’t something to be taken lightly or used in a frivolous or indiscriminate way. The right to one’s property is a bedrock American principle. It should be waived only under narrow and rare circumstances – and when the power of eminent domain is invoked, it should be for clearly recognizable public benefit.
Private property rights are today under siege in many ways. But perhaps no more so than in the misuse of eminent domain by government officials dealing favors to private companies and interests. Evidence of these abuses has been anecdotal and fragmented until now. Thanks to the publication of Steven Greenhut’s “Abuse of Power: How the government misuses eminent domain,” we now have the most comprehensive, up-to-date look yet at this American scandal. Published by Seven Locks Press, it’s available through amazon.com.
Greenhut is a senior editorial writer and columnist at a sister paper, The Orange County (Calif.) Register. He casts a wide net in trying to get a handle on a national problem. “Eminent domain creates an avenue for corruption,” Greenhut points out, “as government officials get to play God with other people’s neighborhoods and businesses, and can therefore punish enemies and reward friends.”
I wonder if he means abuses like this:
Ms. Kelo and the Derys are among seven property owners who refused to budge after city officials approved an economic development plan to upgrade their 90-acre waterfront neighborhood, known as Fort Trumbull, by creating prime office space, a hotel, 80 units of housing and a Coast Guard museum.
Because these people would not sell their property, the New London Development Corporation took title to it through eminent domain, a decision upheld in March on a 4-to-3 vote by the Connecticut Supreme Court. The Fifth Amendment allows governments to take private property through eminent domain in exchange for “just compensation,” but only when it is for “public use.”
Or this one:
The city of Columbiana is attempting to have the Summer Classics property rezoned from light industrial to a retail shopping district. And the city is threatening the use of eminent domain to get the property at what it considers a fair price.
Columbiana Mayor Allan Lowe said the city is in need of public parking for its retail district. He also said the city does not want a manufacturing operation in the heart of downtown.
September 8th, 2004 at 2:11 pm
Bastard…now there’s another book I’ll buy and won’t have time to read.
September 8th, 2004 at 9:39 pm
“when the power of eminent domain is invoked, it should be for clearly recognizable public benefit.” No, NOT public benefit, public USE. Under the “public benefit” rule, Detroit was once allowed to condemn broad swaths of residential neighborhoods and turn them over to private companies for automobile plants – the alleged “benefit” being higher tax collections. (The Michigan Supreme Court recently reversed this – after about 50 years…)