The right of a local government to exercise eminent domain is nothing new. Government entities have long had the right to compel the sale of private property for public benefit, such as building a new highway, or re building a blighted area. Over the past few years, eminent domain has been used for a new type of renewal – gentrification and luxury/commercial development that generate more tax revenue into a community. Misuse and outright land grabbing are a cause for concern in communities that are not wealthy, but certainly are not “blighted”.
The fifth amendment of the US Constitution says that private property shall not be taken for public use without just compensation. Public use increasingly seems to include private developers in sweetheart deals with local officials looking to enrich themselves and the local tax base. Thus, the home you have lived in for 50 years in a neat, modest community can now be taken so a new luxury hotel can be built. The hotel does nothing for your community as you know it – but it generates revenue, and attracts a gentrified clientele. And hmm, someone on the city council owns a lot of shares in the corporation, or is on it’s board, or is related to a major stockholder, or has an interest in the construction company that will build the thing. Gee. What a coincidence.
Last year, the Supreme Court declared this legal, upholding the right of New London, CT, to condemn modest middle class homes as “blight” in order to make way for a private development which would pay more taxes. (Kelo vs. New London). The decision was 5-4.
Middle class shore communities, areas close to vacation attractions, neighborhoods bordering major cities – all are now vulnerable to eminent domain. And in many cases, the sweetheart deals are absolutely incestuous. Personal gain cannot be overlooked for politicians and those with local influence. If you are near a beach, a lake, or a nice ski area, watch out. If you’ve got a house in what used to be an unfashionable city neighborhood near the loading docks, pay attention.
If you are facing losing your home due to eminent domain, you need to consider if the home is worth fighting for. If your community is going to be forever changed, and life will not continue as you know it, you may be better off selling – but be sure you get a fair price. Most people want to fight the takeover, and preserve their community, heritage, and way of life.
Some state legislatures are now considering bills that would limit government’s power to condemn private property. New Hampshire is considering an amendment to the state constitution. An initiative is being considered for the ballot in November in Colorado. Minnesota’s legislature is currently considering legislation that strengthens property owners rights.
There are organizations fighting eminent domain abuse, and places for you to find more information. The Castle Coalition www.castlecoalition.org has a wealth of information for all stages of the problem, from beginning to end. They are also connected to litigators who may be able to assist. Also, if you want to find out about eminent domain in the news, check out http://www.iconworldwide.com/emdo/ This is a blog which lists news stories about eminent domain since the Kelo decision, and also links to the text of the Supreme Court decision.