Unreal Estate: For Sale Despite Owner
The Fifth Amendment states in part that governments may seize private property through “eminent domain” for public use, provided the affected parties are duly compensated. However, the Supreme Court seems to have expanded the rights of local governments to seize people’s homes and businesses for private economic development whenever they deem it profitable, regardless of whether the land is blighted.
When New London, Connecticut (pop. 25,000) officials decreed they would destroy residents’ homes in order to make room for an office complex on its so-called “revitalized waterfront,” working-class citizens filed suit. The city’s official site states, “New London, Connecticut is not just willing, it is eager to assist with the development of new businesses, help to grow and retain our existing businesses and create jobs!” No kidding. New London’s city government stated that private development plans outweighed the property rights of mere homeowners, and quick to agree were Justices John Paul Stevens, Anthony Kennedy, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer.
Apparently, wealthy developers with plans to build another shopping mall now need only convince local governments that such projects will generate delicious tax revenue. Minority Justices Sandra Day O’Connor, William H. Rehnquist, Antonin Scalia and Clarence Thomas disagreed however. Wrote O’Connor, “Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms.”
Country resident William Von Winkle was optimistic in spite of the Supreme Court’s ruling. “I won’t be going anywhere,” he said. “Not my house. This is definitely not the last word.”
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