A New Take on Eminent Domain

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The Supreme Court has agreed to hear a case that may totally reframe the law of "eminent domain". Eminent Domain allows a government to take private property (with compensation) for the public good or public use. The case that will come before the Court is whether a government can take private property and turn it over to private developers.

The case is an appeal by seven property owners in a neighborhood in New London, Conn., that the city has designated for economic development. The Connecticut Supreme Court upheld the city's right to exercise its power of eminent domain to take the parcels, pay compensation to the owners and turn the land over to a private developer.

This questionable practice by some local governments is being challeneged, but it remains to be seen what this Court will interpret as "public good." It looks like the city of New London Conn. is arguing that the move will increase the tax base and therefore economically advantage the city. THis seems like a huge and frightening interpretation of the scope of eminent domain.

If the Court decides in favor of the city the spector raised by that ruling is frighteneing - particularly in a world of widening gaps in wealth, corporatization, and the valuation of land in the US.

Such a ruling would allow governments to take private property from "small fish" (private homeowners) and give that property at tax payer expense to "big fish" (private developers). I am relatively confident that the homes of the well-to-do will not be at risk, but the homes of the less well off could well be on the block. I can forsee such a move as cities around the country go through gentrification. Relatively affordable homes and housing is taken out of the market and the resident's displaced as a "better clientel" takes over.

I am not a big believer in private property - particularly land ownership. In fact, I think it may be the root of capitalist evil. However, as the system is currently structured this is the only tangible wealth for many who fall into the working and middle classes. For the poor it is still beyond reach. To transform this one tangible into yet another way to take wealth and security from the many for the benefit of the few and do it out of taxes that those same homeowners is paying seems not just unethical, but criminal.

Keep an eye on this one.

Posted by rowan at September 29, 2004 08:56 AM | TrackBack | Printable Version | [eMail this article!] |