Rewrite Eminent Domain

The right of eminent domain is one of the potentially most dangerous rights given to government. For many years we were able to survive with minimal abuse of the right, but it seems that in recent years, the number and severity of the abuses of eminent domain have been increasing.

There are actually very few legitimate reasons for the use of eminent domain. The laws are specifically written to supposedly ensure that land is taken only for the "common good" which has traditionally been defined as something supporting a Constitutional mandate of government: education, roads, government offices, etc. Never was it supposed to be used by a private corporation for private gain.

But now it is being used for just that. Governments have started to cede their rights of eminent domain to organizations that are not responsible to the people of the town, city, or state.

Why are municipalities being allowed to do this? The government should not be allowed to give away its Constitutional powers. A city cannot contract its law enforcement out to Joe's Cop Shop. Why should the New London Development Corporation be allowed to enforce eminent domain any more than Joe is allowed to enforce state law?

Eminent domain was put in the legal codes to allow a government to acquire needed land without having to suffer an undue burden. Schools, fire stations, police stations are all recognized as being important and necessary to the government being able to fulfill its Constitutional mandate.

But eminent domain is also set up to protect the landowner. He is supposed to receive fair market value. He is also supposed to be able to take solace in the fact that his loss will provide for an expansion of governmental services that will help to support and better the community.

The landowner has a reasonable right, based on the language of the law, to expect that his land will be used for something to benefit everyone. But when a government comes in and condemns land to allow for the building of a shopping center, a golf course, or a hotel, then the landowner has a right to be upset.

The United States operates on a written contract between the government and the governed. It's called our legal system. When we violate our end of the bargain, there are consequences.

Unfortunately, the enforcement when the other side (the government) violates their end of the bargain is not anywhere near as swift or as sure. Many times, the government can get away with violations of the societal contract with impunity. That's not right.

The government has found a neat little tool of corruption that they can exploit for their benefit and the benefit of their friends. This has got to stop. A complete and total rewrite of the eminent domain laws is in order, before things get out of hand.

I'm starting to sense that there is getting to be a critical mass of abused citizens. Some of these governments need to be careful before the consequences of violating their citizens comes home very swiftly and very surely.