When I was a young girl growing up in Columbia, Miss., I remember my daddy, a civil engineer, mentioning how loath he was to have to take someone’s land by eminent domain. He said it just wasn’t right. He explained to me that if there was a need to take property for public (not private) use, it must be taken at a fair price and as an absolute last resort.
Even though the Constitution (see the Fifth Amendment) did allow that to happen then – and still does – my father always wanted to design his roads to go around people’s property and not go through the middle of their land. He knew it would cost a little more, but it was the “right thing to do” for what might have been a farmer, whose land was his livelihood.
Some did say, “Sure, I’ll sell you right of way through my land” – he loved that – but in cases where owners didn’t want to sell or had owned their land for generations and wanted to pass it on to their heirs, it was hard for my dad to force the issue even though there was a legitimate need to acquire the land.
More recently, officials in my adopted home town of Signal Mountain threatened to use eminent domain to take over property owned by the Tabb family to keep the owners from making use of it. There was no legitimate public need for the Town to take over the property; the Council simply wanted to keep it from being developed in a “politically incorrect” fashion. Ultimately, and deservedly, the property owners won their case in court.
Recently, the town of New London, Connecticut used eminent domain to take over property for use by a private developer – not for the betterment of public use. Despite the fact that the Constitution does not allow for this, the seizure of property was approved by the Supreme Court.
As a Libertarian, I am particularly distressed by this action. However, everyone across the political spectrum, be you Republican, Democrat, Libertarian, or Independent, should be concerned about this matter. Folks, this could actually happen – it has actually happened – and it could happen to you.
How sad I feel as a Realtor that my buyers, who have spent countless hours searching for their dream home, might one day have it snatched away by a private developer to do with as he wishes with no regard for their rights. This, my friend, is not the American Dream!
But hey, turnabout is fair play. David Souter, Supreme Court Justice, who voted in favor of the decision may soon be hoist on his own petard. A private developer has filed a petition to take Justice Souter’s home for the purpose of building a project to be known as the “Lost Liberty Hotel,” including a restaurant to be named the “Just Desserts Café.” This, I think, is irony at its best.
Hopefully, this development will be approved, and Justice Souter will appeal it all the way back to the Supreme Court from whence it came, where he will reverse his earlier decision and uphold the rights of property owners. If not, he will just have to deal with his own decision and give up his house. Either way, “Justice” will have been served.
Chereé Dumas
scdumas@bellsouth.net