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June 25, 2008
Pols Remain Masters of Domain
RealClearMarkets
by Steven Malanga
The Manhattan Institute Fellow and RealClearMarkets editor makes a convincing free-market case against the rampant use (and abuse) of eminent domain.
In her two great works--The Death and Life of Great American Cities and The Economy of Cities—Jane Jacobs explained that effective economic development and urban renewal arise from the bottom up as the product of thousands of enterprises and people working on their own without a master plan, rather than from the top down, as planned by politicians or bureaucrats. The vibrancy and diversity of city markets and neighborhoods lie in “the creation of incredible numbers of different people and different private organizations, with vastly differing ideas and purposes, planning and contriving outside the formal framework of public action,” she observed.
This week, it is exactly three years since the U.S. Supreme Court’s Kelo decision, which endorsed a very different view of how local economic progress occurs. In that decision, the court said that it was okay for government to condemn and take private property and use it for new economic development if officials believed that the seizures would "provide appreciable benefits to the community, including…new jobs and increased tax revenue." The court’s decision expanded the so-called “takings” clause of the Constitution’s Fifth Amendment, which previously had been interpreted to mean that government could only take private property to create a public “good,” such as construction of a needed new highway or water pipeline.
...Most Americans object to such takings because the intended uses of the land don’t justify violating property rights when the owner is unwilling to sell to government. But as Jacobs observed, another important objection is that government planners often do a lousy job of anticipating the marketplace when they take property to be developed into something new. What I call mega-project ‘state capitalism,’ the grandiose schemes of politicians and their planners to invest public money in big projects like stadiums, downtown super-malls, and subsidized entertainment districts, has been on the rise for years, often with disastrous results which should have given the Supreme Court justices pause before they gave their blessings to seizures that "provide appreciable benefits to the community."
...In the wake of public reaction against Kelo, officials in many states promised they would seek laws limiting local use of eminent domain, but although a few states have put in tougher restrictions, in many places there has been little reform because regardless of public sentiment, officials like the power of takings that the Supreme Court gave them.
...Today, three years after Kelo, the game of public sponsored economic development subsidized by taxes, tax-free bonds, tax-breaks for favored businesses, and the threat of eminent domain, is alive and well, supporting everything from mega-projects like the massive 22-acre Atlantic Yards in Brooklyn, N.Y., to the efforts by the tiny California town of Hercules to take land away from Wal-Mart because the town fathers objected to the big box retailer invading their domain. Kelo has allowed local officials throughout the country to remain masters of eminent domain, and private markets continue to suffer as a result.
Posted by eric at June 25, 2008 11:58 AM