The recent ruling by the U.S. Supreme Court in Berman vs. Parker is yet another blow to the rights of working people in favor of private corporations. The High Court ruled that a poor, black neighborhood in Washington, D.C. could be blighted to make way for urban renewal. The ruling opened the doors for redefining “blight” and expanding the rights of land developers.
Poor communities fought against “blighting” “deteriorating” and other such terms created to take their homes and businesses because they allegedly didn’t contribute to the real estate value and tax base of a neighborhood. Their property losses were expected, because they lacked the resources and organization to mount an effective campaign against high-powered developers.
Other communities sat in silent agreement with these actions, which are alleged to be for the greater good. It is an example of how middle-class folks sit comfortably without raising their voices when a social phenomenon seems only to affect the poor or people of color.
The U.S. Supreme Court case of Kelo vs. New London involved a stubborn group of citizens in New London, CT, who were trying to hold on to their beloved homes. Pfizer, the big pharmaceutical company, had built a new research center on the Thames River. The company and other groups were promised about $120 million in state and federal subsidies over the next several years. Not satisfied, Pfizer wanted more. A handful of uncooperative residents remained an obstacle to their plan of building company condos, a hotel and other projects.
Eminent domain is shaping up to be one of the most vicious attacks on the 5th and 14th Amendments. Libertarians, along with poor and working-class citizens, can expect more battles as the struggle for land in urban centers intensifies.
The Institute for Justice (IJ) was the petitioner in the recent case representing the New London homeowners. The group has also done significant work on eminent domain, including a 5-year study on the problem. The IJ report revealed that over 10,000 cases have been filed to seize property by developers. IJ admits this epidemic is woefully under-reported. Forty-one states reported actual or threatened condemnation by these piranhas, which means this is a national problem. The report reveals that Missouri ranks high in takeovers by developers, their greed often supported by Missouri Courts.
Eminent domain has moved from the use of land for public use (highways, schools, government buildings) to high-jacking land for commercial and private use (condos, retail stores, casinos). It has been dangerously redefined to include not just razing dilapidated property, but any property that stands in the way of private development. This has been done in concert with the courts and government, entities that are supposed to protect the civil and human rights of all citizens, not just the rich and powerful.
The title of IJ’s report, “Public power, private gain,” could well be reworked to read “The Public has no power when the private sector wants to gain.”