1.13.2004
Eminent domain abuse hits home
The following is an Op-Ed I wrote while interning at The Institute for Justice in Washington, D.C.:
Peter West stands in front of his business, arms folded with a no-nonsense look on his face. He says the government will have to blow up the building with him inside if they want him to leave.
West is the owner of World West Galleries in Washington, Pa. Six years ago he and his wife restored the building where they work and live. The couple is having a hard time enjoying their success, however. Both are afraid their home and business will be taken by the government through the abuse of eminent domain and given to a developer to make a hotel.
West began his grassroots campaign against the seizure of his property when he saw an architectural drawing of the plan with his business missing and a hotel in its place. Millcraft Industries and the City of Washington are proposing a downtown redevelopment plan that includes the creation of an 84-room hotel. While Mayor Ken Wescott has promised that West’s building will not be destroyed, West is not convinced. Instead of receiving new drawings of the plan including his business, West was met with surveyors measuring his frontage.
So how can the government take an individual’s home or successful business away and hand it over to another private business? Under the federal and most state constitutions, governments are allowed to seize property only if it will be put to a “public use,” such as the creation of a public road. Many officials today are abusing this power of eminent domain by relying on bogus “blight” laws. If a developer presents a plan for construction, the government often responds by designating the sought-after area “blighted,” whether it truly is or is not. Government officials justify the private-to-private takings with the promise that they will bring in more tax revenue than would the existing property. Once the area has been condemned, it can be seized using the power of eminent domain.
Despite the obvious injustice here, eminent domain abuse is running rampant throughout the United States. In Ohio and Pennsylvania alone, more than 2,600 properties were condemned and 400 properties were threatened by the power of eminent domain that benefited private developers between 1998 and 2002.
For example, although Lakewood, Ohio’s motto is “The City of Homes,” the City has made plans to destroy many of its residents’ houses. The land taken away from homeowners under this plan wouldn’t be put to a public use. Instead, the land would be handed to private developers to build upscale condominiums and shopping centers that would bring in more tax revenue. Among the threatened homeowners are Jim and JoAnn Saleet. The Saleets live in what has been described a “cozy” neighborhood. They have a backyard and a wonderful view of the Rocky River.
Despite the neighborhood’s beauty, former Mayor Madeline Cain designated the Saleet’s home and neighborhood “blighted,” simply because homeowners didn’t have two-car garages or at least two full bathrooms—standards that neither Cain’s own home nor the homes of any Lakewood City Council members met.
A similar case is also taking place in Norwood, Ohio. Both cities’ officials argue that the use of eminent domain is for the “public good” because it will increase tax revenue and provide jobs, but wouldn’t any home provide more jobs or bring in more taxes if it were turned into a shopping center? If this truly validates the use of eminent domain, all homeowners and small business owners should be living in fear that their property could be the next one taken.
Fortunately, many potential victims of eminent domain abuse are beginning to stand up against the government, and they are often winning the fight. The Institute for Justice, a Washington, D.C.-based, public interest law firm, is helping threatened individuals win in the court of law and in the court of public opinion, thereby preserving property rights for individuals throughout the nation.
Property rights are the foundation for all of our other rights, including freedom of the press, the right to assemble, and any of our other American birthrights. As long as individuals like West and the Saleets and organizations like IJ continue to fight and win, we can all rest assured that our own homes won’t be the next taken.
Mary Huebert is a junior at Westminster College in New Wilmington, Pa.
Peter West stands in front of his business, arms folded with a no-nonsense look on his face. He says the government will have to blow up the building with him inside if they want him to leave.
West is the owner of World West Galleries in Washington, Pa. Six years ago he and his wife restored the building where they work and live. The couple is having a hard time enjoying their success, however. Both are afraid their home and business will be taken by the government through the abuse of eminent domain and given to a developer to make a hotel.
West began his grassroots campaign against the seizure of his property when he saw an architectural drawing of the plan with his business missing and a hotel in its place. Millcraft Industries and the City of Washington are proposing a downtown redevelopment plan that includes the creation of an 84-room hotel. While Mayor Ken Wescott has promised that West’s building will not be destroyed, West is not convinced. Instead of receiving new drawings of the plan including his business, West was met with surveyors measuring his frontage.
So how can the government take an individual’s home or successful business away and hand it over to another private business? Under the federal and most state constitutions, governments are allowed to seize property only if it will be put to a “public use,” such as the creation of a public road. Many officials today are abusing this power of eminent domain by relying on bogus “blight” laws. If a developer presents a plan for construction, the government often responds by designating the sought-after area “blighted,” whether it truly is or is not. Government officials justify the private-to-private takings with the promise that they will bring in more tax revenue than would the existing property. Once the area has been condemned, it can be seized using the power of eminent domain.
Despite the obvious injustice here, eminent domain abuse is running rampant throughout the United States. In Ohio and Pennsylvania alone, more than 2,600 properties were condemned and 400 properties were threatened by the power of eminent domain that benefited private developers between 1998 and 2002.
For example, although Lakewood, Ohio’s motto is “The City of Homes,” the City has made plans to destroy many of its residents’ houses. The land taken away from homeowners under this plan wouldn’t be put to a public use. Instead, the land would be handed to private developers to build upscale condominiums and shopping centers that would bring in more tax revenue. Among the threatened homeowners are Jim and JoAnn Saleet. The Saleets live in what has been described a “cozy” neighborhood. They have a backyard and a wonderful view of the Rocky River.
Despite the neighborhood’s beauty, former Mayor Madeline Cain designated the Saleet’s home and neighborhood “blighted,” simply because homeowners didn’t have two-car garages or at least two full bathrooms—standards that neither Cain’s own home nor the homes of any Lakewood City Council members met.
A similar case is also taking place in Norwood, Ohio. Both cities’ officials argue that the use of eminent domain is for the “public good” because it will increase tax revenue and provide jobs, but wouldn’t any home provide more jobs or bring in more taxes if it were turned into a shopping center? If this truly validates the use of eminent domain, all homeowners and small business owners should be living in fear that their property could be the next one taken.
Fortunately, many potential victims of eminent domain abuse are beginning to stand up against the government, and they are often winning the fight. The Institute for Justice, a Washington, D.C.-based, public interest law firm, is helping threatened individuals win in the court of law and in the court of public opinion, thereby preserving property rights for individuals throughout the nation.
Property rights are the foundation for all of our other rights, including freedom of the press, the right to assemble, and any of our other American birthrights. As long as individuals like West and the Saleets and organizations like IJ continue to fight and win, we can all rest assured that our own homes won’t be the next taken.
Mary Huebert is a junior at Westminster College in New Wilmington, Pa.
