Our home is supposed to be our castle. And we don't expect
anyone to remove us from our home unless we fail to pay the
mortgage or pay taxes.
Some readers may have heard of the concept of eminent domain:
the power of the government to take property for public use.
Usually, this has meant to create roads, airports, schools
and parks.
As long the use has been public and the property owners have
been fairly compensated, that has been an acceptable process.
In the past few decades, our courts have permitted condemnation
in blighted areas. You know: slums, crack houses, and high
crime areas. Generally, that has had little opposition as
well.
But, can you imagine the government condemning wonderful,
thriving neighborhoods to replace them with high tax paying
industrial uses? It has been happening a lot recently.
I hate this process and think it is stealing. Now, thank
heavens, the U.S. Supreme Court is going to look at this process.
And many of us are hoping that it declares that what happened
was an illegal abuse.
In Kelo v. City of New London, the Court has agreed to review
a Connecticut Supreme Court ruling that "economic' condemnations,
in other words condemnation where the sole purpose is to raise
more taxes or create more jobs, is legal.
At issue is a city redevelopment proposal that will destroy
an entire older, but viable community to permit private developers
to install newer, more productive uses. At least more productive
from the government's standpoint.
People who have lived in this community for years, in once
case since 1918, will be tossed from their homes as if they
are landfill-able trash.
Keep in mind that industrial uses will usually produce more
jobs and pay more taxes than residential uses. Which means
that if this horrible decision is allowed to stand, all of
us who live anywhere but under rocks are at risk. I hope that
these people get relief.
This is far from a Connecticut only issue. Papers filed with
the Supreme Court allege that since 1998 over 10,000 condemnation
actions have been brought or threatened involving similar
private-to-private real estate transactions. 60 Minutes did
a report on this in the last year. I believe this is nothing
more than stealing.
Condemnation represents one of the government's most awesome
powers. Connecticut has gone too far, as have many other states.
Yes, I can clearly see condemnation for traditional purposes.
But condemnation for purely economic purposes is not just
illegal, but it is also immoral.
The information
provided in this column is written by Stuart Lieberman,a practicing
environmental attorney, and is for general information purposes
only. It is not legal advice and should not be used in place
of legal advice.
Stuart
Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty
for any reliance on the information in this column or any
damages whatsoever resulting from reading this column.
|