Public Benefit
Bill Schambra points me to a story he finds of interest "because we have a major apologist for the plutocratic exploiters of the masses editorializing in favor of a decision that protects small community against . . . well, plutocratic exploitation of the masses. Another category scrambler for your friends at GiftHub."
The more troubling category scrambler is that creative shift from "public use" to "public benefit" argument that created the trouble in the first place.
This is a great example of why we need to take care when presuming "benefit" and to be on guard when beneficence is justified on the grounds of "public" interest.
Poletown's Revenge
Wall Street Journal
August 3, 2004; Page A10
It must come as cold comfort to the citizens of Poletown, who back in 1981 had their homes taken away from them by the city of Detroit and bulldozed for a car factory. But the Michigan Supreme Court has finally stated the obvious: What's good for General Motors wasn't so good for the people -- and it sure didn't justify violating their "sacrosanct" Constitutional property rights.Though Friday's decision comes nearly a quarter-century after an earlier Michigan Supreme Court cleared the way for Detroit to condemn the homes, churches, schools and hospitals of Poletown on behalf of a Cadillac plant, it's hard to overstate the significance of this reversal. By expanding the justifications for eminent domain seizures to include "economic development," the earlier decision not only ushered in the destruction of a neighborhood. It set a woeful precedent that continues to embolden unseemly coalitions of private developers and tax-hungry municipalities using government powers to take other people's land.
Friday's decision was unanimous. The lead opinion put it this way: "Poletown's 'economic benefit' rationale would validate practically any exercise of the power of eminent domain on behalf of a private entity. After all, if one's ownership of private property is forever subject to the government's determination that another private party would put one's land to better use, then the ownership of real property is perpetually threatened by the expansion plans of any large discount retailer, 'megastore,' or the like."
Exactly. Remember, we're not talking about a public highway or bridge. To the contrary, today we have governments taking land from Peter because they'd rather Paul have it. In the Michigan case, Wayne County was fighting to condemn the property of a handful of owners after they refused to sell land the county wanted to use for a business and technology park.
In one sense you can hardly blame the planners. Once the Poletown case shifted the test from "public use" to "public benefit," it put any limits on eminent domain on a slippery slope. State and local governments all across America have been happily sliding down it ever since -- and citing Poletown as their justification. The Institute for Justice reckons that between 1998 and 2002 some 10,000 private properties were either taken by or threatened with eminent domain on behalf of other private parties.
for entire article see WSJ