EDITORIAL DANGEROUS PRECEDENT SUPREME COURT'S DECISION OPENS THE DOOR FOR ABUSIVE USE OF EMINENT DOMAIN.SAY one day the local politicians think, boy, a nice new mall sure would improve your neighborhood, not to mention bring in higher taxes to boost the general fund. Upon closer inspection they decide your block of modest middle-class homes is the perfect place. So, in conjunction with a private developer, the politicians set out to condemn your block and force you to move out. Instead of having to go through the complicated and politically treacherous process of declaring a redevelopment zone around your house, they simply condemn it with the argument that a mall benefits the entire community, so don't be so selfish. You're forced to sell, buy a new home if you can, and figure out how to pay for the higher property taxes. The city gets a new mall, your neighbors who were not forced to move get increased - or maybe decreased - property values, and the private developers get to add a few more zeros to their bank accounts. Once, this scenario was pretty far-fetched; the power of eminent domain eminent domain, the right of a government to force the owner of private property sell it if it is needed for a public use. The right is based on the doctrine that a sovereign state has dominion over all lands and buildings within its borders, which has its origins in could be used only to make way for projects for the ``public good,'' such as a school, railroads or highways. But the Supreme Court's 5-4 ruling last week on a case from New London New London, city (1990 pop. 24,540), New London co., SE Conn., on the Thames River near its mouth on Long Island Sound; laid out 1646 by John Winthrop, inc. 1784. , Conn., set a chilling precedent by allowing private property to be seized by a private developer in the name of economic development. Justice Sandra Day O'Connor Sandra Day O'Connor (born March 26 1930) is an American jurist who served as the first female Associate Justice of the Supreme Court of the United States from 1981 to 2006. She was considered a strict constructionist. , who wrote the dissenting opinion dissenting opinion n. (See: dissent) , slammed the decision, saying it put the interest of the rich above the middle class. ``The fallout fallout, minute particles of radioactive material produced by nuclear explosions (see atomic bomb; hydrogen bomb; Chernobyl) or by discharge from nuclear-power or atomic installations and scattered throughout the earth's atmosphere by winds and convection currents. from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms.'' It certainly opens the door to abuse. In a perfect world, that wouldn't happen. Elected officials would only use this expanded eminent-domain power to the benefit of all. But this world is far from perfect, with governments already leaning in favor of the special interests who stuff their campaign funds. Chief among these interests are private developers, who certainly have some suggestions (nudge nudge 1 tr.v. nudged, nudg·ing, nudg·es 1. To push against gently, especially in order to gain attention or give a signal. 2. , nudge, wink, wink) about how politicians might view economic development. No American should rest easy with this ruling. When the highest court in the land gives preference to politicians and developers over regular folks, it tears at the very fabric of the American dream American dream also American Dream n. An American ideal of a happy and successful life to which all may aspire: . |
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