Hasn't eminent domain, as its meaning has expanded to incorporate the expropriation of private properties for the purpose of private accumulation, become a way of giving corporations and private developers properties _below_ market prices?
Here is the city of New London's offer for the fifteen properties at stake in Kelo v. New London: "The redevelopment authority has set aside $1.6 million to compensate property owners. Scott G. Bullock of the Institute for Justice, who has argued the case in three courts, said the city had offered most of them 'something in the low 100,000's,' although that was based on appraisals made five years ago. The city took possession of the Fort Trumbull houses four years ago and has since been collecting rent" (Avi Salzman and Laura Mansnerus, "For Homeowners, Frustration and Anger at Court Ruling," <a href="http://www.nytimes.com/2005/06/24/national/24newlondon.html">24 Jun. 2005</a>).
If a private developer had to bid for Susette Kelo and others' homes, without the backing of the local and state governments and now the Supreme Court, they would have to make better offers. The average home price in New London is said to be "$179,355 " ("New London Connecticut Real Estate," <http://www.homegain.com/local_real_estate/CT/new_london.html>). Relocate America says that "the average two bedroom home will cost anywhere from $130,000 to $150,000 and a larger home with three or four bedrooms may cost upwards of $350,000" in New London ("New London, Connecticut," <http://www.relocateamerica.com/states/CT/cities/new_london.htm>).
In short, eminent domain as it is employed now, like tax abatements and other incentives, is just another giveaway to corporate America.
>[lbo-talk] When is private property NOT?
>Nathan Newman nathanne at nathannewman.org
>Tue Jun 28 07:12:16 PDT 2005
<snip>
>If you grab land for a publicly-owned football stadium that profits
>a private team, why should that have more legal sanction that land
>handed over to a private developer who signs a contract to create
>500 living wage jobs and build 300 affordable housing units?
<blockquote>The Michigan Supreme Court has overruled one of the worst judicial decisions of modern times. In County of Wayne v. Hathcock, the court reversed the infamous 1981 Poletown decision that allowed Detroit to use the power of eminent domain to take and bulldoze an entire neighborhood so General Motors could build a new factory. As a result of Poletown, more than 4,200 people lost their homes, 600 businesses and 16 churches were destroyed, and a historic community - known as Poletown after its large Polish-American population - was wiped out.
. . . . .
Ironically, condemnations that transfer property to private businesses usually don't even provide the economic benefits their advocates promise. General Motors and Detroit Mayor Coleman Young promised that the new factory would create more than 6,000 jobs. In reality, the plant employed less than half that many workers; possibly, more jobs were lost from the destruction of Poletown than were created by the factory.
This result is typical. The political power of the interests that benefit from a taking is a much stronger influence on government decision-making than the economic benefits they might create.
(Ilya Somin, "Poletown Decision Did Not Create Desired Benefits; New Ruling Protects Weak from Government Abuses," <em>The Detroit News</em>, <http://www.uwec.edu/geography/Ivogeler/w270/Poletown-court2004.htm>, 8 Aug. 2004)</blockquote>
Eminent domain as it is put to use now, in addition to being a corporate giveaway, is a scheme for job destruction than job creation. That's what Kelo justifies: "Also rejected is petitioners' argument that for takings of this kind the Court should require a "reasonable certainty" that the expected public benefits will actually accrue," in the words of Justice John Paul Stevens (<http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=04-108&friend=nytimes>).
>[lbo-talk] petit-bourgeois left on Kelo
>Doug Henwood dhenwood at panix.com
>Tue Jun 28 07:40:22 PDT 2005
<snip>
>GREEN PARTY OF THE UNITED STATES
>http://www.gp.org
>
>For Immediate Release:
>Tuesday, June 28, 2005
>
>Contacts:
>Scott McLarty, Media Coordinator, 202-518-5624, mclarty at greens.org
>Nancy Allen, Media Coordinator, 207-326-4576, nallen at acadia.net
>
>GREENS CALL SUPREME COURT'S DECISION ON EMINENT DOMAIN 'LEGALIZATION OF THEFT'
<snip>
>"The decision proves that liberals may be as likely as conservatives
>to side with wealthy and corporate interests, and sometimes even
>more likely," said Greg Gerritt, secretary of the Green Party of the
>United States. "We now have reason to fear judicial appointments
>made by Democrats as much as the hard-right appointments of
>President Bush. We clearly need a new spectrum to describe politics
>-- dedication to corporate power versus dedication to the rights of
>people and the health of the environment. Let there be no doubt
>where Greens stand."
Kelo gives eminent domain a bad name and makes people even less inclined to support the Democratic Party than before. That being the case, it is odd for Nathan to applaud it. Interestingly, so does Armand, one of the principal bloggers at DailyKos : "Kelo Was Correctly Decided," <http://www.dailykos.com/story/2005/6/25/201045/439>, 25 Jun. 2005. But rank-and-file Democrats who participate in DailyKos are oppoed to Kelo:
Is Kelo A Principled Constitutional Decision?
Yes 118 votes - 37 % No 170 votes - 54 % Other 23 votes - 7 %
<http://www.dailykos.com/poll/1119746961_YSxDFeaD>
Kelo is one more nail in the coffin of the Democratic Party, revealing the gap between the Democratic Party leaders and rank-and-file Democrats. -- Yoshie
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