The Supreme Court-Eminent Domain-A Conundrum
The Supreme Court-Eminent Domain-A Conundrum By George
W. Cannata
The Supreme Court recently handed down a very controversial
decision regarding a case in New London, Connecticut.
What does that have to do with this web site? The fact that this
decision can effect the economic well being of us all I think it
falls within the purview of Caveat Emptor.
When I first became aware of this decision, I was appalled that
the Supreme Court would allow a city or a state to take away a
persons home to make room for some real estate just to provide
more tax revenue for the municipality.
After all, eminent domain laws were instituted to allow us to
build schools, bridges, highways and other projects necessary to
the public at large.
As usual there are two sides to every story and as I began to do
research for this article I began to wonder. And now I'm in a
dilemma, I'm not sure what's right and what's wrong in this
case.
Controversy over eminent domain projects is not new; it harkens
me back to the days of the Tennessee Valley Authority back in
the thirties. Many people were forced from their homes
unwillingly. Here's an excerpt from the Tennessee State Guide
indicating the depth of the problem:
"In moving these people, due regard was paid to their natural
feelings, for in many cases they left homes occupied by their
families for more than a century. The story is told of one
family who resisted removal because it would entail
extinguishing the hearth fire that had been burning continuously
for three generations. The TVA cut the Gordian knot by keeping
the fire going while it moved the family to its new home."
Let's face it, no one likes to give up their home or their
business, but in some cases it's unavoidable as in the case of
the TVA. A few suffered for the good of many. The whole of rural
America benefitted from TVA.It provided electricity for a
multitude of the population who had previosly been without it.
It fueled an economic boom.
Let's take an extreme example where a whole community is
blighted and an urban renewal program could rehabilitate an
area, provide new jobs and add to the tax base of the area.
If we overturn the court decision we could have a situation
where one person could stop the rehabilitation program that
would be beneficial to many people.
At the other extreme if carried too far this decision could
result in developers and politicians wiping out whole
communities to build stores, malls, and expensive apartment and
office buildings only to provide more tax revenue.
I'm not smart enough to know the answer to this, but I'm sure
the American people are, and will make sure their representative
government will do the right thing. Give it a lot of thought and
make your opinions known. This is very important to us all.