The power of governments to enact eminent domain to condemn blighted properties and develop those properties for public use, has changed to the “right” of governments to snatch property away from lawful owners for economic development.
Eminent domain is nothing new, but the 2005 case of Kelo v. City of New London, brought the issue to the public eye. Property owners led by Suzette Kelo, decided to confront the city, knowing that grabbing personal property –people’s homes- just to make a profit did not equate to “public use.”
Public use (such as necessary roads, bridges, or schools) was up until that time the deciding principle in eminent domain cases. Unfortunately, the Supreme Court decided for the city and determined that creating larger tax revenues was an effective use of the eminent domain doctrine. The public outcry was intense, leading one group to attempt to confiscate Justice Souter’s home under the “new and improved” eminent domain principle.
As of early this year, a dozen states have enacted new legislation intended to protect property rights against government encroachment. These include Alabama, Georgia, Idaho, Indiana, Kentucky, Michigan, Ohio, South Dakota, Texas, Utah, West Virginia, and Wisconsin. In Iowa, lawmakers joined together and overruled the veto of protective legislation. Delaware also enacted legislation, but it appears to be more in line with protecting economic development over strict public use.
The U.S. House of Representatives was not impressed with the Kelo decision either, passing a resolution to that effect nearly 10-1, along with other property rights protection legislation. The Senate has drafted similar bills.
Polls indicate high numbers of people that disagree with snatching personal property just to increase revenue. However, large corporations and wealthy developers tend to be organized in lobbying efforts and have more clout with officials than a typical owner of a family home. Families need to stick together and fight this encroachment.
Find out more about eminent domain abuse and see how if it affects your own region. Contact your Senators and encourage them to pass protective legislation. Don’t let the voices of greedy developers or governments drooling over bigger revenues be the only voices they hear.
Click here for well over 100 current eminent domain controversies.