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Eminent domain: a fair middle path?(Commentary)(Column)
Sparks continue to fly across the country as a result of last June's U.S. Supreme Court decision upholding this city's use of eminent domain powers to seize homes in a working-class neighborhood so that a private developer could build a riverfront hotel and office complex.
Measures to curb or totally forbid taking of private property for economic development projects have been introduced in at least 35 states, according to the Institute for Justice, the self-described libertarian law firm that represented Susette Kelo and other New London homeowners in their unsuccessful court bid.
Among the states with serious proposals to amend their state constitutions to forbid the practice are Florida, Maryland, Michigan, California, Colorado, and Texas.
There's even talk that political forces on the right may want to propose a series of eminent domain-limiting ballot measures to trigger a turnout of indignant, anti-government voters--a possible replay of 2004 when measures against gay marriage helped to bring out social conservatives whose votes in a few key states may have tipped the presidential election to the Bush-Cheney ticket.
But is the eminent domain issue that glibly tagged politically? A bill in Congress, to limit federal funds for private economic development that uses eminent domain, is co-sponsored by conservative Republicans Sen. John Cornyn and Rep. Richard Pombo on the one hand, and liberal Democrats Sen. Barbara Boxer and Rep. Maxine Waters on the other. Waters is especially concerned about post-Katrina New Orleans, where she fears the "rich and powerful" may abuse eminent domain "to take property that belongs to poor people to get them out of the city."
Justice Sandra O'Connor, in her dissent in the 5-4 Supreme Court decision in the New London case, bemoaned the possibility of state or local governments "replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory."
The Institute for Justice lists thousands of alleged eminent domain abuses. One example: Donald Trump, using the leverage of a local redevelopment agency, trying to evict an elderly woman from her Atlantic City home.
- Eminent domain: New London's story.(COVER STORY)
- Magazine article from: Public Management Brown, Richard December 1, 2005 700+ words
...negotiation or eminent domain, the power of...use or purpose. New London recognizes that the exercise of eminent domain is a last resort...the other 15 by eminent domain. By a 5-to...s ruling that New London's plans served...
- Kelo KO.(eminent domain, New London Development Corporation)(Brief Article)
- Magazine article from: Reason Taylor, Jeff A. December 1, 2005 700+ words
The heavy in the Kelo eminent domain debacle, the New London Development Corporation, heeds an order by Connecticut Gov. M. Jodi Rell to rescind eviction notices sent to homeowners who lost the case.
- Eminent domain--for the greater good? The U.S. Supreme Court decision in Kelo...
- Magazine article from: State Legislatures Boulard, Garry January 1, 2006 700+ words
...case that ensued, Kelo v. New London, would prompt legislatures...dozen states to look at their eminent domain practices. The New London Development Corporation...neighborhood. Employing the use of eminent domain, they were trying to make...
- New London, Conn., Homeowners Get Respite While Courts Mull Eminent Domain.
- Newspaper article from: Knight Ridder/Tribune Business News April 27, 2004 700+ words
...taking of homes by eminent domain for private development on New London's Fort Trumbull...a ruling in an eminent domain case involving...tax revenues. "New London is doing this...most prominent eminent domain cases. "It...
- Eminent domain after Kelo v. City of New London: an argument for banning...
- Magazine article from: Harvard Journal of Law & Public Policy Cohen, Charles E. March 22, 2006 700+ words
...I. INTRODUCTION When the New London Development Corporation...established by the City of New London, wanted to use its power of eminent domain (1) to take, with compensation...revitalize economically distressed New London, which had an unemployment...
- Supreme court to hear oral arguments in eminent domain case.(Kelo v. City of...
- Newspaper article from: Nation's Cities Weekly February 21, 2005 700+ words
...arguments in Kelo v. City of New London, a case that could determine...towns can use their power of eminent domain for economic development...has joined on the side of New London, Conn., in the case. Eminent domain is used by governments to...
- State Leagues, NLC file briefs in eminent domain case.(National League of...
- Newspaper article from: Nation's Cities Weekly January 31, 2005 700+ words
...property by eminent domain for economic...Kelo v. New London, is an appeal...decision stopping New London from using eminent domain to implement...municipality to use eminent domain to assemble...development." New London's redevelopment...
- Restraining eminent domain through just compensation: Kelo v. City of New...
- Magazine article from: Harvard Journal of Law & Public Policy Talley, Brett March 22, 2006 700+ words
...Kelo v. City of New London, (7) the Supreme...calls to limit eminent domain to transfers from...improper uses of eminent domain. Since 1990...considered the city of New London a distressed municipality...then initiated eminent domain proceedings ...