eminent domain: the power of the state to take private property for public use with payment of compensation to the owner.
I don't know how this works outside of the US, but in the United States, the concept of eminent domain means there are special circumstances in which the federal government (federal, state, county) can demand that homeowners uproot themselves and move out so that the government can complete special projects that require the land on which the homeowner currently sits. Examples of this might be a new major road or a major railway that will have to run right through private properties. In theory, the "greater good" is being served by uprooting the homeowners (who are paid) standing in the way of the project. But as John Stossel points out below, eminent domain is a concept that's ripe for abuse.
I'll have to watch the video and comment about Kelo v New London and eminent domain abuse in the US. For what it is worth, it isn't just the federal government, but any government that has the ability to use eminent domain. In fact, most of the time it is a state or local government that uses eminent domain to force someone out of a house or business to do something for the "public good." There is a case right now gaining attention. Google "NJ eminent domain Henry farm" and you'll get a bunch of updates.
ReplyDeleteThanks! Corrected.
DeleteI took a moment and watched the video. It didn't tell me anything new, but it did make me angry. I've been angry about this since Kelo v New London. It was a bad decision with a terrible legacy. Stossel is right that poor neighborhoods are at risk. But frankly anyone is at risk if some governing body feels that there is some "public use" for a project that has some support. That rail spur in the piece is a great example. The local government (most likely) is looking to use eminent domain to "condemn" a right-of-way wide enough for a rail line (probably about 25 ft wide swath) across 18 properties so that the plant can be connected to a trunk line. The government has to offer "fair compensation" for the swath. Some states have procedures for how "fair compensation" is determined. Others, as Stossel notes, just decide. I don't think a rail spur is a good public use. But the law is on the side of the government here. I am glad that Virginia limited the use of eminent domain in the Commonwealth about 20 years ago - after Kelo. But those type of laws can always be rolled back. I don't see that the SCOTUS is going to revisit Kelo any time soon... So that is the way it is here...
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