oxylibertarians' Journal

Is your home safe?
Property Rights of Americans Under Assault
By Nick Velkavrh

The Supreme Court ruled Thursday that local governments have broad power to confiscate private property in the name of "economic development."

They handed down a 5-4 ruling against a group of homeowners in New London, Connecticut, who claimed the city is trying to illegally force them to sell their property. The city wants to make way for a hotel, an office building and other privately funded facilities.

Government agencies including city and county governments have long been allowed to condemn private property so that public buildings, roads and other infrastructure can be built. Called “eminent domain,” this practice is constitutional as long as the power is exercised strictly in accordance with the Fifth Amendment's “takings clause.” However, the new ruling will allow local governments to claim property for the benefit for private entities, rather than restricting eminent domain to acquiring land for public use.

The decision in the case, known as Kelo et al v. City of New London, violates the rights of landowners in favor of wealthy corporations. And thanks to the Supreme Court, one of the most important rights that the founding fathers instilled in our Constitution can now be trampled on by local governments across the country.

The Supreme Court also showed yet again Thursday that the rights of corporate entities are favored over those of the individual. Since when is private redevelopment considered “public use?” I understand that redevelopment can lead to economic growth, but there has to be a limit. Any property may now be taken for the benefit of another private party. Sandra Day O’Connor argued it well in her biting dissent: “Nothing is to prevent the state from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory.”

The homeowners in New London actually had the resources to fight the city when it tried to seize their homes. Most others will not be so lucky and will probably face defeat under the heals of abusive municipalities.

Property rights are the rights to own, possess and enjoy property, and they are what set America apart from most other countries. The government power to take property needs to be very limited in scope. Or else one day, you might loose your livelihood and the place you call home. Our only hope is that state legislatures set limits on the power to take private property and trust they too aren’t in the deep pockets of the rich and powerful.

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