kelo takes a blow

Byline: | Category: Uncategorized | Posted at: Thursday, 27 July 2006

Eminent domain and property rights are back in the news, and this time the news is good.

In Norwood, Ohio, an industrial suburb of Cincinnati, three landowners held out against a proposed land redevelopment project.  The city claimed eminent domain, using not “blight” as a justification, but “deteriorating” conditions. 

Ohio’s Supreme Court, struck down the overly broad law allowing such a seizure saying

[The law] had become so vague that it was, in effect, “a standardless standard;” and it did not allow property owners the right to appeal the taking until the property was already taken.

According to John Echeverria, director of the Environmental Law and Policy Institute at Georgetown University, ”The ruling makes Ohio one of 10 states whose constitutions prohibit eminent domain simply to expand the tax base.”

Eminent domain is a useful tool.  Without it, many people would be without access to roads and utilities.  However, using eminent domain to change a neighborhood is so invidious because it’s your government saying to you:

“This would be a better place if only you didn’t live here.”

You don’t have to ponder too long before you can think of the many obvious targets of such an elitist attitude.

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3 Responses to “kelo takes a blow”

  1. Sean Braisted Says:
    July 27th, 2006 at 3:10 pm

    I guess this is good news, if you think ignoring urban redevelopment in favor of new development in rural areas is a good thing. Why would real estate developers even bother trying to buy homes in an area, if 3 out of 74 property owners can shut the project down, years after starting.

  2. bob Says:
    July 27th, 2006 at 6:51 pm

    Can you believe the gall of such people–actually refusing to sell their homes?

    (/sarcasm)

  3. Sean Braisted Says:
    July 27th, 2006 at 9:05 pm

    That is all well and good, it just destroys the ability to develop urban areas. I know its not politically popular to say, but frankly I think urban development is important, and eminent domain is a tool that should be used at the very last resort. That was done in this case, as 71 out of 74 sold, some for more than 3 times their real value. So like I said, its good news for Rural development, bad for Urban development.