Eminent Domain: Are you next?

A fight by homeowners to save their New London, Connecticut, neighborhood from city officials and private developers -- an important property rights case with an unusual twist -- will reaches the U.S. Supreme Court.

At issue is whether governments can forcibly seize homes and businesses, for private economic development. Under a practice known as eminent domain, a person's property may be condemned and the land converted for a greater "public use." It has traditionally been employed to eliminate slums, or to build highways, schools or other public works.

The New London case tests the muscle of local and state governments to raise what they see as much-needed revenue, which they argue serves a greater "public purpose." Legal analysts said they see the case as having major implications nationwide in property rights and redevelopment issues.

Eminent domain is a practice indirectly sanctioned by the U.S. Constitution. The Fifth Amendment's protection against unwarranted government interference adds a caveat: "Nor shall property be taken for public use, without just compensation."

A study by the property rights group Institute for Justice, which is representing the New London homeowners in court, found about 10,000 cases from 1998 to 2002 of local governments in 41 states using or threatening to use eminent domain to transfer home and properties from one private owner to another. Courts in at least six states have upheld the practice.

Such battles have long been a staple of U.S. westward expansion. In the 19th century, farmers, railroads, miners and ranchers competed for the opportunity to exploit rural resources.

Today, the disputes have become more urban-based, focusing on stadiums, office parks and shopping centers. Courts and legislatures around the country have had widely differing standards on when eminent domain can be used.

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[spawnofsamus]

Take it to the streets. Nuke everything if they try to pry you from your house. Or whatever they built on the property instead. If you can't have it, noone will.

[erato99]

Eminent domain is governed by the 5th Amendment's "takings clause": "Nor shall private property be taken for public use, without just compensation."

The problem is that "public use" has been changed to the more broad term of "public purpose" and "just compensation" is supposed to be fair market value. However, if the property owner does not agree with the government's offer, then they will condemn the property and bring legal action.

[TheAmazonjude]

but they do it everyday....and its happening right here in wyoming eminant domain, and abuse.

[Jeremymayer]

ron paul is the best.

[TheNewParadigm7]

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[LER77]

On December 10 1948 the United Nations General Assembly adopted & proclaimed The Universal Declaration of human Rights. All Member Nations are suppose to expound and disseminate these principles in schools. Teaching Human rights via these 30 or so articles. In regards to Eminent Domain see Article 17 (1) Everyone has the right to own property alone as well as in association with other. (2) No on shall be arbitrarily deprived of his property.

[Alaskatooregon]

That law is criminalistic bull shit. The government isn't supposed to put the needs of corporate before the people. It's your land you can do what you want with it!!!! I'm fuckin pissed! The supreme courts are supposed to protect the people!

[inachu]

They destroyed our house in Arkansas because they found out that the hot water under the streets of hot springs arkansas are really comming from Sleepy Valley. and that was more than 15 years ago and after destroying the house they have yet to build anything on that property. NO EXCUSE! CLASS ACTION lawsuit is to be deserved and executed!

[whathoney73]

If eminent domain for economic reasons by private developers is going to be the law then why can't the landowners continue to own the land and lease it to the developers? Why should they be removed from the capitalist equation? Leasing land to retail business owners is very common why shouldn't the current landowners be allowed that same right? And if they want to sell it then only they should have the right to deal with the developers, not the state. Why can't they profit from their investment?

[PhatFarm60]

Used to eliminate slums? Call eminent domain on all of Detroit :) In it's place will be the Gerald R. Ford Atomic Test Grounds :D

[Taz0161]

Eminent Domain law was originally put in place giving the government the right to take land at market value for the purpose of public utilites such as highways and railroads only , and not for the purpose of private devolpment such as shopping malls and sub divisions. It's just another exapmle of Americas super rich buying off crooked public officals for their own personal interest.