Eminent Domain
by Teresa Ambord
The news is full of reports these days about the Supreme Court ruling on eminent domain. If you own property, you should be concerned. The doctrine of eminent domain refers to the power states have over all the property in the state, public or private. That power allows the state to take private property for public purposes. The property owner is generally entitled to receive the fair market value of the property.
Eminent domain is not new. It's usually used when a geographic area needs to build new utilities, roads, libraries, or other resources that serve the general public. What has property owners worried now is that recently, the definition of "public purpose" has been expanded. In 2005, the city of New London, Connecticut won the right to condemn private property for the construction of hotels, an office park, and upscale housing that will be built along the Thames River by private developers. In other words, in order to fulfill the city's economic redevelopment plans, homeowners had to forfeit their private property. The landowners took the case to the Supreme Court, arguing that according to the Constitution, governments can only take land to build projects that are clearly for the benefit of society.
A majority in the Supreme Court ruled against the landowners, forcing them to sell their property because the city of New London needed tax revenue and jobs. While the argument may seem to have some merit, the verdict opens the door for private property owners to lose their homes to private developers.
What Does This Mean For You?
This should be a warning to property owners across the country. When the Kelo decision was announced, some state authorities were quick to assure residents that such a thing would not happen in their states. In fact, the Supreme Court encouraged states to adopt restrictions that would protect private property rights if the state's citizens wanted such prohibitions. Yet the ink on the Kelo case was barely dry when landowners in Oakland, California were also forced to sell their land. In this case, John Revelli and others were ordered to close their businesses and sell their commercial property that had been in their families for many decades. Why? So a private developer can build condos. That means private land was taken from private landowners, and awarded to another private citizen.
In yet another case, the New York Times recently won the right to force a man to sell property owned by his family for over 100 years, so the newspaper could build a new headquarters. Again, one private landowner was forced to make way for another private interest.
What can you do?
If you feel your property may be in jeopardy, consult a land-use attorney to find out how your state handles property rights.
Here is what one political action group is urging:
- Do your homework. Ask the local planning department if your neighborhood is scheduled for redevelopment, including highway improvements.
- If you are a property owner or you are looking to buy, first call your elected officials and ask if they know of plans for redevelopment. Make note of the names and contact information of those officials who provided information.
- If plans exist, ask for copies of planning documents that pertain to your property.
- Attend hearings on planning issues relevant to your property or near it, then share the information with neighbors. You may want to organize a group to monitor changes.
- Ask for information, such as the timeline of the project, the deadlines to challenge the decision, how compensation and relocation might be decided.
- If you find your property is in danger, contact an attorney who specializes in eminent domain.
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