Aug. 17, 2005 - 21:34 MDT

SAY WHAT ?

Way back on July 20th there was an article in the Rocky Mountain News that sent the flag up the pole for me. It was an article by Maura Kelly Lannan of the Associated Press. In full, headlined:

STATES HOMING IN ON RULING

Many seek to blunt expanded powers of eminent domain

CHICAGO -- "Alarmed by the prospect of local governments seizing homes and turning the property over to developers, lawmakers in at least half the states in the nation are rushing to blunt last month's U.S. Supreme court ruling expanding the power of eminent domain."

"In Texas and California, legislators have proposed constitutional amendments to bar government from taking private property for economic development. Politicians in Alabama, South Dakota and Virginia likewise hope to curtail government's ability to condem land."

"Even in states such as Illinois -- one of at least eight that already forbid eminent domain for economic development unless the purpose is to eliminate blight -- lawmakers are proposing to make it even tougher to use the procedure."

"People I've never heard from before came out of the woodwork and were just so agitated," said Illinois state Sen. Susan Garret, a Democrat. "People feel that it's a threat to their personal property, and that has hit a chord."

"The Institute for Justice, which represented homeowners in the Connecticut case that was decided by the Supreme Court, said at least 25 states are considering changes to eminent-domain laws."

"The Constitution says: "Governments cannot take private property for public use without ""just compensation."" Governments have traditionally used their eminent-domain authority to build roads, reservoirs and other public projects. But for decades, the court has been expanding the definition of public use, allowing cities to employ eminent domain to eliminate blight."

"In June, the Supreme colurt ruled 5-4 that New London, Conn., had the authority to take homes for a private development project. But in its ruling, the Court noted that states are free to ban that practice -- an invitation lawmakers are accepting in response to a flood of e-mails, phone calls and letters from anxious constituents."

"The Supreme Court's decision told homeowners and business owners everywhere that there's now a big "up for grabs" sign on their front lawn," said Dana Berliner, an attorney with the Institute for Justice."

"Arkansas, Florida, Illinois, Kentucky, Maine, Montana, South Carolina and Washington already forbid the taking of private property for economic development except to eliminate blight. Other states either expressly allow private property to be taken for private economic purposes or have not spoken clearly on the question."

+++++++++++++++++++++++++++++++++++++++++++

Thing that sticks in my craw is this "Just compensation." Especially if eminent domain is used to move out areas of blight. Who the heck can determine who gets moved out for what reason ? In my mind, as I have said before, I think that a royalty should be paid to folks moved out by the developers and the companies moving in to make their big bucks, and a percentage of the taxes the city plans of raking in should also go to the old owners .

Out in a suburb of Denver, Aurora where the old Fitsimons Army Hospital was is now being developed and made the site of University Hospital and research facilities among other things. Seems like the big brass of the development and the city fathers wanted to condem the land bordering that area so that developers could make the area shiny new, squeaky clean and ready to rake in big bucks and add to the luster of the whole shebang, as well as bring in the big tax bucks. Don't know how that stands now, but at the time it seemed as if business that had been in existence for many years were on their way out, because they were too, dirty, greasy, unbeautiful, etc., etc.

When I was a kid, the city hadn't reached that far. Once one got to Fitsimons Corner (Peoria and Colfax) the wide open country began, acres and acres of farms beside farms. Businesses such as automotive repair, machine shops and other outfits began to settle out there, stayed in business for all this time, paying their taxes as well.

It is easy for a white cuffed office worker to decide an area is blighted because it has businesses like that and or warehouses and such. I don't really know what the answer is but I do know that some folks were aced out by the just and reasonable compensation bit.

So to my mind, no matter how blighted a place seems, at least reasonable and just compensation would be to me as I lined out earlier. What other just way could there be ? Declare an area blighted, move 'em out, give 'em a pittance and where will they get the money to fight for themselves ?

Going back to the old way, eminent domain for roads, railroads, buslines, schools, hospitals and things necessary to the population -- otherwise hands off.

But astounding to me is the fact that some politicians are showing some good common sense . . . SAY WHAT ? . . . . . . . . . . . .

Blog