Seizures Aid City Growth
by Doug Kendall and Tim Dowling
Appeared in USA Today on March 21, 2001
The city of New London, Conn. was hit hard
at the end of the Cold War by the closing of a major naval base. To
bounce back, New London is trying to use eminent domain to complete a
redevelopment project that has already brought it desperately needed jobs
and tax revenue. A property-rights group has sued to stop the
project, arguing that because a private developer will also benefit, the
acquisitions don't adequately advance the public interest.
If anyone seriously wonders whether that
project advances the public interest, just ask the formerly unemployed
workers who now have jobs, or the teachers, police officers and social
workers who still need more funding to educate New London's children, keep
its streets safe and provide comfort to the afflicted.
The framers of our Constitution carefully
preserved the public's power to condemn private property. They
ensured fairness by requiring just compensation. The Supreme Court
has unanimously ruled that courts should not unduly tie the public's hand
in exercising eminent domain. The mere existence of a private
benefit never has been enough to defeat efforts by local officials to
better their communities through eminent domain.
Local officials in New London and other communities across
the country who rely on eminent domain negotiate first with
all landowners. But sometimes there is a holdout who
refuses to sell at a fair price. Eminent domain protects
taxpayers from being held hostage. Without it, a holdout
could extort windfall profits or stop community initiatives
by refusing to sell.
Private-public partnerships permit government
officials to foster economic development in an efficient and effective
manner. We didn't allow landowners to nix that transcontinental
railroad simply because the railroad companies benefited. Nor do we
allow landowners to thwart the laying of fiber-optic cable simply because
an Internet entrepreneur also will benefit. Economic redevelopment
should be treated no differently.
If an official abuses eminent domain for
personal gain, voters should kick the abuser out of office.
But we should not shackle cities such as
New London that want nothing more than to improve their communities.
Doug Kendall is executive director and
Tim Dowling is chief counsel of Community Rights Counsel.
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