By now, just about everyone knows that under a process called eminent domain, the government can (and does) seize private property for public use - to build roads, or infrastructure deemed ‘for the good of the public’.
Is eminent domain being abused when the government can also seize your land for private use if they can prove that doing it will serve what's called "the public good"? Furthermore, is seizure of private property always in the public’s best interest or the best interest of “Big City Government” and generating more tax revenue?
It's been three years since the disastrous landmark Kelo vs. New London, Conn., decision. In that ruling, the U.S. Supreme Court said that cities could broadly increase their powers of eminent domain. In the this case, the city leaders, decided the little blue-collar neighborhood was a blight on the city, ran everyone out of the neighborhood, and turned it over to a wealthy developer so that the city could increase their tax base.
Here in Nashville, TN Joy Ford, owner of Country International Records (CIR), one of the first studios on what would become Nashville’s famed Music Row is facing condemnation proceedings from Nashville's Metropolitan Development and Housing Agency (MDHA). Since Joy does not want to sell her and her deceased husband's business of 30 years, MDHA is having her property condemned as being "blighted". Blighted? With the walls of Ford's business filled with pictures of the legends she's personally worked with? Stars like George Jones, Merle Haggard, Willie Nelson, Tracy Lawrence, Tim McGraw and others.
Are small business owners like Joy being victimized by an out-of-control government bent on greed, in order to generate more taxes or return political favors? Furthermore, where are the cries from the American Civil Liberties Union and other people who profess to stand up for us ‘average’ citizens? What's happening to Joy Ford could very well happen in your city or town. In my opinion, this isn't so much about her but about allowing such an action to stand and what it will mean for the rights of us all.
What do you think?
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Copyright © 2008 by Michael Thornton; Complete Home Inspections, Inc. Brentwood, TN, All Rights Reserved.
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Michael - the good news about this is:
As of Nov. 2007
Eminent domain legislation in response to the United States Supreme Court decision in Kelo v. New London (June 23, 2005) was considered in each of the 44 states that were in session in 2006. Legislatures passed bills in 28 states:
In Georgia HB 1313 was passed and it
Defines public use for which eminent domain may be exercised to be the possession, occupation and enjoyment of property by the public, public agencies or public utilities, or for the removal of blight. Prohibits the use of eminent domain for economic development purposes, including enhancement of the tax base or tax revenue, increased employment or improvement in the general economic health when the property is to be transferred to another private entity. Redefines blighted areas to emphasize characteristics that are detrimental to the public health and safety. Requires approval of eminent domain actions by the governing body of a city or county, and greater public notice before proceeding with condemnation authority.
In Tennessee SB 3296
Stipulates that public use for which eminent domain may be exercised does not include private use or benefit, or public benefit resulting indirectly from private economic development, including increased tax revenue and employment. Exceptions include use of eminent domain by public or private utilities, housing authorities or community development agencies to remove blight, private use that is merely incidental to public use, or the acquisition of property by a local government for an industrial park.
The bad news, sounds like you state should have defined "blight". Sounds like Nashville might be in violation of the new state law (unless the condemnation was in place before the law was passed).
I agree, where is the ACLU?
You can find the complete details at The National Conference of State Legislatures