UNDERNEWS

Undernews is the online report of the Progressive Review, edited by Sam Smith, who covered Washington during all or part of one quarter of America's presidencies and edited alternative journals since 1964. The Review, which has been on the web since 1995, is now published from Freeport, Maine. See main page for full contents

October 2, 2009

THE IRONIC REMNANTS OF THE NATION'S TOP EMINENT DOMAIN CASE

Boston Globe - Weeds, glass, bricks, pieces of pipe and shingle splinters have replaced the knot of aging homes at the site of the nation's most notorious eminent domain project. There are a few signs of life: Feral cats glare at visitors from a miniature jungle of Queen Anne's lace, thistle and goldenrod. Gulls swoop between the lot's towering trees and the adjacent sewage treatment plant.

But what of the promised building boom that was supposed to come wrapped and ribboned with up to 3,169 new jobs and $1.2 million a year in tax revenues? They are noticeably missing. Proponents of the ambitious plan blame the sour economy. Opponents call it a "poetic justice."

"They are getting what they deserve. They are going to get nothing," said Susette Kelo, the lead plaintiff in the landmark property rights case. "I don't think this is what the United States Supreme Court justices had in mind when they made this decision.". . .

New London officials decided they needed Kelo's land and the surrounding 90 acres for a multimillion-dollar private development that included residential, hotel conference, research and development space and a new state park that would compliment a new $350 million Pfizer pharmaceutical research facility. Kelo and six other homeowners fought for years, all the way to the U.S. Supreme Court. In 2005, justices voted 5-4 against them, giving cities across the country the right to use eminent domain to take property for private development.

The decision was sharply criticized and created grassroots backlash. Forty states quickly passed new, protective rules and regulations, according to the National Conference of State Legislatures. Some protesters even tried to turn the tables on now-retired Justice David Souter, trying unsuccessfully in 2006 to take his New Hampshire home by eminent domain to build an inn. In New London the city's prized economic development plan has fallen apart as the economy crumbled.

2 Comments:

Anonymous Anonymous said...

What a shame that the developers can't get the financing to do more "development". Idea! Go to the Government and get them to print more money and lend it to them at ridiculously low rates! Uh-oh. That gambit has already been worked to exhaustion. What indeed are a bunch of greedy lads to do? Oh, these troubled times...

October 4, 2009 9:53 AM  
Anonymous Anonymous said...

I had my property taken by eminent domain in 2006 to expand the local landfill in expectation of vast new urban growth. It is terrible experience, not yet finished for me. Meanwhile, the need for an expanded landfill has disappeared along with the housing boom. In a country the size of the US, there is no justification for eminent domain. There is enough wealth to pay anyone what they demand for their property - or to make them partners in the enterprise, and enough land for any action the government really needs to take, without stealing people's property by force.

October 5, 2009 3:34 PM  

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