Eminent Domain
john posted in other on June 29th, 2005
A couple days after the Supreme Court’s decision that there are no limits on eminent domain, a California man has requested that Justice’s Souter’s hometown seize his house. He proposes to build a hotel and museum to lost liberty. “The justification for such an eminent domain action is that our hotel will better serve the public interest as it will bring in economic development and higher tax revenue to Weare.” Of course, I would condemn the Reagan Library in favor of mini-golf and go-karts, but thats just me.
I even agreed with about half of what George Will said on this issue. Of course, he stumbled through his default rant of how this was a liberal plot, but I ignored that. Otherwise I thought he was pretty much on the mark. This is a terrible idea, letting governments seize real estate, just to increase the tax rolls, or more likely, enrich some mini-mall developer. It’s already happened, of course, see Chavez Ravine and Dodger stadium in LA for a classic instance. At least they weren’t supposed to seize the neighborhood for a municipal project and then turn it over to the O’Malleys.
footnote: Dodger Stadium is a great place, or was while the O’Malley’s owned it. Besides, Vin Scully works there.
Since the land developers are virtually the only source of local political donations across the country, see City of Quartz, I think this amounts to the WalMart and Home Depot Manifest Destiny Rule. Towns which have already sold their soul and future quality of life, not to mention property values, to strip mall developers, will be able to move any obstacle to pave the way for new mini-malls and big boxes. The temptation to erase a sagging downtown and build Sam’s Club will be irresistible. Narrow streets can be widened, firetruck turn-arounds established, and storm ditches straightened. Needless to say there will be zero ball fields, parks and greenbelts developed.
The American product is growth, so maybe enterprising towns will just start re-condemning mini-malls in a loop. As they get older and shabby, about two generations of stores worth, the town council can just tear ‘em out and build again. Jobs will be created, and tax money will make up the difference between the fair-market payoff to Old Developer, and the absurdly low price for New Developer. Anybody with a cornfield near an intersection had better start lining up a real-estate lawyer. You shed is about to become a nail salon.
Robert Moses would be proud.
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