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Wednesday, June 13, 2007
John Stossel :: Townhall.com Columnist
Property Owners Win One
by John Stossel
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In 2005, the U.S. Supreme Court blessed this outrageous argument in the infamous Kelo v. New London case. Fortunately, a public backlash followed the ruling, and 41 states have put restrictions on eminent domain for private development. But many of these laws have loopholes for "blighted" property.

Blight is in the eye of the beholder. The Institute for Justice, a libertarian public-interest law firm, says that "the definition of 'blight' has become so broad and unprincipled that governments regularly target perfectly fine homes in ordinary neighborhoods for the wrecking ball."

The use of eminent domain for private profit is the tip of the iceberg of an unappreciated threat to individual freedom. States and municipalities routinely engage in economic planning that would make the old Soviet Union blush. State and local planning boards manipulate the tax laws and hand out cash subsidies to favored retailers and manufacturers, while those without political connections bear the full tax burden or are shut out altogether. The favoritism escalates when governments feverishly compete with one another to attract an auto-assembly plant or a big-box store. Private businesses play each government off against the others to get the most corporate welfare possible.

Who pays? The taxpayers and property owners who are forced to sacrifice for the "common good."

Why do we assume that politicians and bureaucrats know better what's good for the community than people themselves? Competition within free markets benefits everyone. Voluntary exchange is always win-win. Political schemes -- which always require force -- benefit some at the expense of others.

Many uninformed people think there can't be economic development without planning. That's another myth. Most of America's astounding economic growth occurred without government guidance.

The Arlington Heights story shows that big companies respond to public protests. There is a lesson in that. Governments will stop stealing private property from the powerless when businesses refuse to cooperate in this larceny. So the next time one of those giants signs on to a development project made possible by eminent domain, give them an earful.

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About The Author
John Stossel blogs at http://blogs.abcnews.com/johnstossel/ is an award-winning news correspondent and author of Myths, Lies, and Downright Stupidity: Get Out the Shovel--Why Everything You Know is Wrong.
 
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tyrants' perpetual land grab attempts
The only rights you have are the ones you're willing to protect and fight for!

If history teaches us anything, the tyrants of the world will forever be abusing the powers of gov't to serve their own selfish wants under the guise of the "common good". Forever, that is as long as we stand by and let them get away with their BS.

It's awesome to see patriots like John Stossel working so hard to bring the truth to the surface. Keep inspiring us, John!

Anti-Kelo laws
If you can get your hands on a copy of the August/September issue of **Reason** mag I recommend reading the article "The Limits of Anti-Kelo Legislation" by Ilya Somin; it points out things to watch out for when a bill is being considered regarding property rights as well as earlier SCOTUS rulings that gave government a blank check to take property for any reason.

For example:

"Legislators have found many different ways to produce bills that appear to protect property rights without actually doing so. Texas, for example, banned 'economic development' takings but continues to permit them under other names, such as 'community development.' The most common tactic, used in some 16 states' post-Kelo laws, is to allow economic development condemnations to continue under the guise of alleviating 'blight.' While it may sometimes be desirable to use eminent domain to transform severely dilapidated areas, many states define 'blight' so broadly that almost any neighborhood qualifies."

and

"Political ignorance also helps explain why the backlash against eminent domain occurred when it did. Many *Kelo* defenders complain that the backlash is grossly excessive because the case made little change in existing precedent. In two previous decisions, *Berman v. Parker* (1954) and *Hawaii Housing Authority v. Midkiff (1984) the Supreme Court had already ruled that the government could condemn property for almost any reason, even if the land taken was to be transferred to private parties....Few ordinary citizens, even those who remembered those cases were unlikely to understand that the reasoning behind them was broad enough to justify condemnation of property for reasons that went far beyond the specific facts of the two decisions. *Kelo* defenders were right to claim that the decision made little change in existing precedent. But they were wrong to assume that the public knew about and approved of the pre-Kelo status quo."

I blame the public schools for much of that failure to grasp what government has been doing; when did they quit teaching Civics? When I was in grade school Civics was taught in sixth grade.
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