Legal land grabbing by US Gov't |
It is not an issue that gets much attention, but
the United States government has the right to seize your house, business,
and/or land, forcing you into the street. This mighty power, called
"eminent domain," is enshrined in the US Constitution's Fifth
Amendment: "...nor shall private property be taken for public use without
just compensation".
Every single state constitution also stipulates that a person whose property is taken must be justly compensated and that the property must be put to public use. This should mean that if your house is smack-dab in the middle of a proposed highway, the government can take it, pay you market value, and build the highway. Whether or not this is a power the government should have is very much open to question, but what makes it worse is the abuse of this supposedly limited power.
Across the country, local governments are
stealing their citizens' property, then turning around and selling it to
corporations for the construction of malls, condominiums, parking lots,
racetracks, office complexes, factories, etcetera.
The Institute
for Justice — the country's only nonprofit, public-interest law firm with a
libertarian philosophy — spends a good deal of time and money protecting
individuals and small businesses from greedy corporations and their partners in
crime: bureaucrats armed with eminent domain. In 2003, it released a report on
the use of "governmental condemnation" (another name for eminent domain)
for private gain. No central data collection for this trend exists, and only
one state (Connecticut) keeps statistics on it. Using court records, media
accounts, and information from involved parties, the Institute I found over 10,000 such abuses in 41
states from 1998 through 2002. Of these, the legal I process had been initiated
against 3,722 properties, and condemnation had been threatened against 6,560
properties. (Remember, this is condemnation solely for the
benefit of private parties, not for so-called
legitimate reasons of "public use.")
In one instance, the city of Hurst, Texas,
condemned 127 homes so that a mall could expand. Most of the families moved
under the pressure, but ten chose to stay and fight. The Institute
writes:
A Texas trial judge refused to stay the
condemnations while the suit was on-going, so the residents lost their homes.
Leonard Prohs had to move while his wife was in the hospital with brain cancer.
She died only five days after their house was demolished. Phyllis Duval's husband also was in the hospital with
cancer at the time they were required to move. He died one month after the
demolition. Of the ten couples, three spouses died and four others suffered
heart attacks during the dispute and litigation. In court, the owners presented
evidence that the land surveyor who designed the roads for the mall had been
told to change the path of one road to run through eight of the houses of the
owners challenging the condemnations.
In another case, wanting to
"redevelop" Main Street, the city of East Hartford, Connecticut, used
eminent domain to threaten a bakery / deli that had been in that spot for 93
years, owned and operated by the same family during that whole time. Thus
coerced, the family sold the business for $1.75 million, and the local landmark
was destroyed. But the redevelopment fell through, so the lot now stands empty
and the city is in debt.
The city of Cypress, California, wanted Costco
to build a retail store on an 18-acre plot of land. Trouble was, the Cottonwood
Christian Center already owned the land fair and square, and was
planning to build a church on it. The city
council used eminent domain to seize the land, saying that the new church would
be a "public nuisance" and would "blight" the area (which
is right
beside a horse-racing track). The Christian
Center got a federal injunction to stop the condemnation, and the city appealed
this decision. To avoid further protracted legal nightmares, the church group
consented to trade its land for another tract in the vicinity. But all of this is small potatoes compared to
what's going on in Riviera Beach, Florida:
City Council members voted unanimously
to approve a $1.25 billion redevelopment plan with the authority to use eminent
domain to condemn at least 1,700 houses and apartments
and dislocate 5,100 people. The city
will then take the property and sell the land to commercial yachting, shipping,
and tourism companies. If approved by the state, it will be one of the biggest eminent domain seizures in US history.
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