Lots of happenings with the pending Supreme Court case in New London. The Daily Journal advises caution on the use of eminent domain:

Millville Mayor James Quinn said he couldn’t “let the city down.” He said he wouldn’t be able to sleep if he didn’t support, and the City Commission didn’t approve, an ordinance giving the city power of eminent domain over businesses standing in the way of a new shopping center along Route 47.

Considering what the shopping center would do for this city — 1,000 new jobs and millions of dollars in property tax revenue — it’s easy to understand the mayor’s point of view.

The mayor says the facts are in black and white. We suggest, however, that before the city uses its eminent domain power, it not only calculate the numbers but also count and weigh the human cost and possible loss of trust that could accrue if the city were to relocate or shut down an established business in favor of a new one. City officials must consider the fact that these businesses have provided jobs to local residents for years and during tougher economic times for Cumberland County.

Or, you know, consider the fact that taking from one company to give to another is not public use.

The Institute for Justice is challenging an ED case in Ohio:

A nonprofit law firm today appealed a county court decision that allowed the City of Norwood to forcibly acquire a rental property to make way for a mixed-use development.

The mixed use property is offices, rentals and retail property. Again, not public use.

The News Herald says one thing is for sure:

Whenever you see the term “eminent domain” in the paper, you know one thing for certain – some governmental body is attempting to take property away from an unwilling private owner.

If the rightful owner were willing to sell his land, that person obviously would reach an agreement with the city, state or other governmental unit that is orchestrating the land grab.

The purchase price would be agreed upon, the governmental unit would write a check, and the deal would be closed.

And in Hell err New Jersey, residents ask the city to wait on the Supreme Court ruling:

Residents of Long Branch’s redevelopment zone pleaded with the City Council last week to put a hold on eminent domain proceedings involving their properties until the Supreme Court rules on the issue.

“The Supreme Court has taken the eminent domain case,” Harold Bobrow, of Ocean Boulevard, said at the Oct. 12 council meeting. “Put this [the redevelopment plan] on hold until after the decision of the Supreme Court. Once [the homes in the redevelopment zone] are down, they are gone, kaput, goodbye.”

Posted in Eminent Domain on October 22nd, 2004 by SayUncle | RSS 2.0 |