EMINENT DOMAIN - The Human Cost

VICTORY IN LONG BRANCH, NJ

Kudos to the New Jersey Supreme Court.  On August 7, 2008 they added another decision in favor of victims of attempted takings, recognizing that New Jersey state law and the Constitution "place real limits on the power of government to condemn property for private development."

The residents of a seaside neighborhood known as MTOTSA in Long Branch, NJ are celebrating their victory, reversing a previous decision in the lower court allowing the city of Long Branch to condemn their homes under the guise of blight in order to turn them over to developers of a luxury condominium development.

EMINENT DOMAIN IS ALIVE AND WELL - UNFORTUNATELY

My recent Google Alerts for news items regarding eminent domain, takings, and condemnations feeds me information on a regular basis.  My new resolution is to be more timely in providing that information to my readers.

In the last few days I have read about Massachusetts State Representative Marty Walz who believes that the city of Boston may be gearing up for another eminent domain takeover similar to one carried out 50 years ago throwing working class families out of their homes to build the Charles River Park apartments "to bring fresh vitality and wealth to its downtown residential base."  Ms. Walz cites the Kelo decision.

Read more:  http://www.boston.com/news/local/articles/2008/07/20/a_battle_over_property_rights

Continue to read about other incidences.

EMINENT DOMAIN - Information Source

Please check the comment on my last post -- for more information from this source go to:

http://dadebreis.blogspot.com

I found a wealth of knowledge there on the history and present status of eminent domain issues.

Jean, the Eminent Domain Lady

NOTES ON HISTORY OF EMINENT DOMAIN TAKINGS

I'm still working on reading and absorbing Carla Main's "Bulldozed."  Not that it's a difficult book to read -- it's my time limitations.  I will give a more in-depth report once I've finished but wanted to update my readers. 

After telling us what was happening with the Gore family in Texas, Ms. Main presents some of the history of eminent domain.  My sister talks about our forefathers in an idealistic framework expecting future generations to act with "civic virtue" when exercising the government's new right of eminent domain.  Ms. Main informs us that the main proponent was James Madison who later had some qualms.

One of the biggest defenders of the property owner in early court cases was attorney Daniel Webster.  His opponents were devotees of President Andrew Jackson, a populist who believed strongly in majority rule, trusting the common man to make right decisions.  Justice Roger B. Taney was his man on the bench of the Supreme Court, who dressed in the new style of long pants, a symbol of his democratic leanings.  Knee britches had been the style of the upper classes. 

Webster was of the Whig party that favored a strong Constitution and a contract clause with teeth.  By 1847 his friends on the bench had died or retired, and a big eminent domain case -- West River Bridge Company v. Dix -- was before the court.  Webster was now old and as usual, short of money.  The essence of the case was the private ownership of a bridge, the owner of which had been granted the right to collect tolls.  The townspeople came up with the idea of establishing a public road to and from the bridge and lobbied the legislature to pass a law allowing it.  That eliminated the right of the bridge owner to collect tolls, making it a public bridge.  Webster was defending the bridge owner.  In spite of his brilliant mind and exceptional legal talent, he lost.  This was a green light for future actions.

Jean, the Eminent Domain Lady

Eminent Domain - Comments on Public Apathy and "Bulldozed"

It occurs to me that the topic of eminent domain is like the orphan diseases in some ways.  Those are the ones for which the pharmaceutical companies don't spend much money on researching cures because so few people have them that it isn't economically practical.  Fund raising is also difficult for the same reason -- so few people are affected and the general public has the mindset that "it won't happen to me."

As far as eminent domain is concerned, the odds are in your favor that your home or business is safe.  But all it takes is an acquisitory glance from some developer in your direction and if what he sees catches his eye, you're for it!

I've been reading "Bulldozed" by Carla T. Main and will be starting to comment on it here.  Her voice illuminates the often ludicrous stances taken by local governments when they have determined on the takings path and she makes many thought provoking points.  I'm finding it an interesting and informative read.

Jean, the Eminent Domain Lady

KELO ANNIVERSARY

Please note that Monday, June 23 is an anniversary of the Supreme Court's decision against Suzette Kelo in her bid to win back her house against eminent domain.  There is a drive for small donations through the Institute of Justice, the goal of which is to have the number of supporters equal the number of cases of eminent domain that have been lost in the last five years -- I believe it's 70,000.

Jean, the Eminent Domain Lady

EMINENT DOMAIN - Talking About STOLEN FIELDS

Just to update my readers, I will be out of the office until June 19 as I leave early tomorrow morning on my book launch tour for Stolen Fields.  Please check the website for the schedule.  http://www.jeanboggio.com

If I have the technology to do so, I will update this blog as I have information to report, otherwise I will do so when I return.

Jean Boggio, the Eminent Domain Lady

EMINENT DOMAIN - MY FIRST BOOK TALK

Eminent domain abuse was the hot topic at my first library book talk this past week at Camden Memorial Library in Camden, Maine.  It was my first so I was a little nervous. 

After welcoming the dozen or so attendees, I read a short excerpt from STOLEN FIELDS.  The audience was smiling so I think that went well. 

Then I asked how many of them owned their houses.  All hands went up.  I then asked them to close their eyes and imagine that a sheriff's deputy came to their door -- pounded on their door -- and handed them an eviction notice.  When they did as instructed, horror spread over their faces and the hands shot up.  Questions on eminent domain.  Questions about what happened to my family because of it.  That was the tone for the next hour. 

Then one lady, well-dressed and well-spoken, stated, "I thought eminent domain was only for railroads and similar government things."  I, with help from members of the audience who chimed in with their own knowledge, brought her up do date on the activities of big business in the eminent domain arena.  I mentioned how Walmart wangled its way into Lewiston-Auburn, Maine, profiting by several million dollars.  One gentlemen interjected that they had built a big box store in Waterville, then deserted it quite suddenly, leaving many jobless.  The businesses where they might have worked before Walmart, might already be closed.

What happens to these people?

The questions flew and I spoke in response for the next hour, seldom referring to my notes.  The room was charged with energy.  Many had heard about Kelo in New London, CT, but others were unaware.  The fact that eminent domain was on the ballot in California and Colorado was brought out to emphasize that it's a national problem, not occurring in isolated instances. 

There was much discussion on the present-day manifestation, but they also asked what happened to my family so long ago at the time of World War I -- how the people were fooled into thinking the Taking was for the purpose of building a munitions plant to benefit the war efforts, when in reality, it was evident that Carnegie Steel would be the one to profit.

Our library contact person quietly interrupted to signal that our time was about up, or I believe the discussion would have continued on at the same pace.  Eminent domain will be open to discussion on this blog and I welcome your comments, your experiences, your information.  I will continue to report the response as I go on my book tour for the launch of STOLEN FIELDS.

Jean, the Eminent Domain Lady

CALIFORNIA, COLORADO and KELO

This week CALIFORNIA voters passed Proposition 99.  This move will keep developers -- and those with connections to them -- from using state and local governments in that state to seize properties in their name. 

In the same state, Proposition 98 lost.  It was more restrictive on eminent domain but had its focus on a rent control issue that could not carry eminent domain on its coattails.

Thank you, California voters for taking this step forward.

At the same time, COLORADO took a step backwards.  The Colorado Supreme Court ruled for the city of Telluride in their bid to condemn 572 acres outside the city limits for open space.  The land is described as a beautiful area known as the Valley Floor, and belonged to a developer who has owned it since 1983.

Although, in this case, the owner was awarded a more fair price than is usually offered, this action still sets a dangerous precedent.  Justice Allison Eid wrote a dissenting opinion recommending a more cautious stance regarding extra-territorial condemnations.   An article in the Denver Post suggests that it may be necessary to make a change in the state constitution, and goes on to say, "...home-rule cities should not have carte blanche to condemn private property outside their borders to accomplish that laudable goal [open space preservation]."

I received an email today from kelo@ij.org notifying me about a fund drive on June 23 sponsored by the Institute for Justice to benefit the ending of misuse of eminent domain, and marking the third anniversary of the 2005 Supreme Court decision against Kelo.  They are requesting donations through the website www.ij.org/keloday and any small amount is welcome.  Their goal is 10,000 donations inspired by the 10,000 American property owners whose property was threatened or actually taken in a 5-year period.  They ask donors to notify IJ of their pledge at any time, but to actually make the donation on June 23.  Pledge today and they will send you a reminder on June 23 to actually make the donation.  I will be making my pledge.

Jean

INTRODUCING MYSELF

Welcome to my Blog Site.  Here you will find discussion and comments on current eminent domain issues, focusing on the human cost.  What happens to the people who become the government's victims of its voracious quest for property in the interests of big business?  What is eminent domain?  When did it start?  Why should I care about it?  What can I do to protect myself from it?

These are the issues I hope to address and to which I hope you will add your comments.  It happened to my ancestors.  It can happen to you.  Join with me and the organizations that are out there publicizing and fighting this miscarriage of justice.  Links to other sites will be provided as I learn of them in my information search.

Jean, the Eminent Domain Lady