Misuse of Eminent Domain

The Supreme Court recently made a decision that could jeopardize the security of homeownership. Most homeowners enjoy the feeling that their own home will be theirs as long as they desire to own and reside within its walls. However, in several cases nationwide local governments decided to push for a "higher and better use" for certain property within their jurisdictions where houses have long been located. By taking over the land by eminent domain proceedings, government agencies turn the property over to developers who produce shopping centers, office buildings, convention centers or other ventures that result in more tax revenue for the area. Eminent domain is a legal provision whereby a local government can take title to property, with monetary consideration to the owner, where they feel it is essentially needed for community benefit. Common uses are for new highways, public utility facilities, government buildings or schools. To use this provision to take land from homeowners and turn it over to private developers in the interests of generating more tax revenue is a recent trend. This practice has been contested in several cases at the state supreme court level. Rulings have varied. But on June 23 the nation's Supreme Court ruled in favor of such actions. The vote was close - 5 to 4 - and the state supreme courts were almost equally divided in their rulings. "Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random," said Justice O'Connor who voted against the approval. "The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms." Chip Mellor, president of the Institute for Justice, said this: "The majority and the dissent both recognized that the action now turns to state supreme courts where the public use battle will be fought out under state constitutions. The decision by the federal Supreme Court in no way binds the state courts." Susette Kelo, a homeowner who may soon lose her home due to one of these eminent domain take-overs, said, "I was in this battle to save my home and, in the process, protect the rights of working class homeowners throughout the country. I'm very disappointed the Court sided with powerful government and business interests, but I'll continue to fight to save my home." The case considered and ruled by the Supreme Court was Kelo vs. City of New London, Connecticut.