The Ohio task force on eminent domain has released its preliminary report, and it’s missed the most important point of the exercise. I’m not interested in a fairer procedure for the government to use as it takes my home. I’m not interested in a clearer definition of “blight” that spells out exactly when the government can take my home. You see, I don’t want the government to take my home at all. Why is that so hard to understand?
A local or state government can exercise its eminent domain powers to take private property from its owner, if the government does so for a “public use” and pays “just compensation” (see the Fifth Amendment, at right). Until very recently, the term “public use” meant what you’d expect: building a school, putting in a highway, laying railroad tracks, and other projects that the public has access to.
We used to think of private building projects as a “private use” of property, since the public doesn’t have guaranteed access. But no more. Thanks to the U.S. Supreme Court’s ruling in Kelo v. New London last summer, the definition of “public use” has expanded to include the government seizing your land and giving it to another private owner for “economic development” (which means the new owner’s project yields higher property taxes than you do, or creates jobs, or some similar rationalization).
Liberals and conservatives alike blew a collective gasket over the ruling, and angry voters have already pressured several state legislatures into passing laws prohibiting these takings through eminent domain.
Tune in to Hugh Hewitt’s radio show right now (or listen online). He’s going to spend three hours with the folks who brought down Dan Rather, and they’ll dissect the CBS Report released today. Everybody who’s anybody among bloggers involved in that mess will be on the air. You’ll be glad you listened in.