Subject: FEAR: MI: Poletown seizures are ruled unlawful
From: Brenda Grantland
Date: Wed, 04 Aug 2004 10:17:23 -0700
To: FEAR-LIST@mapinc.org

This is not about forfeiture, but the related abuse of the law of eminent domain.  Eminent domain is the right of a sovereign -- the federal government, or state, county or municipal government where property is located -- to condemn private property and take it from its owners in order to build a public highway, school, etc.  The difference between that and forfeiture is that the government has to pay the owner the fair market value of the property.  That might not sound so bad, but when your home is taken and you don't have any choice in the matter, it can be pretty distressing.  But that is considered justified by the public good -- if the land is needed to complete a highway, the use of eminent domain is a necessity.  "Public use" is one of the requirements of the legal exercise of eminent domain -- but that term has been stretched beyond its original meaning.

In recent years, government have been abusing the power of eminent domain to take private property not for public use, but to benefit private entities.  Instead of building a highway, they may be selling the land to a private developer to build a shopping center or a factory.  Proponents of this expanded view of the "public use" requirement argue the development brings in jobs, or revitalizes an blighted urban area.   The problem is, that ignores the property rights of the original owners of the land.  If a wealthy and powerful corporation wants to put in a shopping center in an area, it's free to try to buy that land from the property owners.  Some of them may not want to sell, and the corporation will have to pay more than the usual fair market value to get them to move, but when it's a home that's been in the family for several generations, who's to say what the value of the house is to that family.  And some people may not want to sell at all.  That is their right.  Governments should not be using their awesome powers to tip the balance in favor of large wealthy corporations against individuals.

Recently the courts have finally begun to restrict the meaning of "public use" to prevent abuse of eminent domain laws.  This new decision in Michigan is a landmark one, which hopefully will be a turning point for the rest of the country. 

-------- Original Message --------
Subject: Poletown seizures are ruled unlawful
Date: Wed, 04 Aug 2004 03:07:03 -0500
From: Leon F. <leonf@perspicuity.net>
To: Brenda Grantland <bgrantland1@comcast.net> 


http://www.freep.com/news/mich/land31_20040731.htm