A rose by an other name
Indianapolis Mayor Bart Peterson wants to dispel “inaccuracies and stereotypes” about use of eminent domain for economic development, a practice the U.S. Supreme Court upheld in last year’s notorious Kelo v. New London decision.
Last fall Mr. Peterson told a Senate subcommittee that when the government threatens to condemn people’s property because it thinks someone else can make better use of it, “a majority of the time, most people agree to sell.”
Interesting. Given the choice between selling and fighting an expensive legal battle they will almost certainly lose, after which they will have to give up their land anyway, probably on less advantageous terms, most people “agree” to sell.
“Cities use eminent domain most often as a negotiating tool with property owners,” explained Mr. Peterson, speaking for the National League of Cities. “Just having the tool available makes it possible to negotiate with landowners.”
Sure it does — in the same way having a gun available makes it possible for a bank robber to negotiate with a bank teller.
“Your money or your life” was once a threat. Now it’s a negotiating tactic. The Times also notes that
Mr. Peterson claims “eminent domain is used sparingly.” Yet the Institute for Justice, which represented the property owners in Kelo v. New London, found 10,000 cases in which condemnation was used or threatened for the benefit of private developers during a five-year period. The true number is probably much higher, as the study relied on newspaper articles and recorded cases, reflecting a fraction of such land grabs.
Posted on February 18th, 2006 by pwyll
Filed under: law, politics
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