Sunday, June 26, 2005

Legal Theft: Eminent Domain

Seizing property -- timesunion.com

In the simplest terms I can express, Eminent Domain is the right of the government to seize private property for the public good. The Supreme Court ruled that a private property seizure is ok for private property development. Who defines the public good? What really is the public good?

To these questions, I have no answers. From the time that I learned about Eminent Domain, I felt and this was repeated by M!ck3y, "We really don't own anything." I for one can't imagine an elderly person being kicked off of property that (s)he worked all their lives to pay for, possibly raising children, grandchildren, and great-grandchildren into their last days, only to be quoted "We the people..." The people did not work for my property.

I understand the essence of Eminent Domain and in a perfect world it would work. But we live in a society where our government has motivations other than the public good. The case that sparked my renewed interest in Eminent Domain was a private property for private property case, not a private for public property. However, I believe in this case the government might have been right. They are building a hotel, office and housing complex in a dying neighborhood. I don't live in that neighborhood and have never been there so I can not comment on it's decline, but if what was said is true, it would mean more jobs and potentially housing, possibly affordable, for the neighborhood.

Surely, this is not the same as in my neigborhood. There are plenty of abandoned houses, lots and a variety of unused space to develop.

I hope that there will be more checks and balances to accompany the ruling to prevent Eminent Domain from becoming legal theft.

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