Opinion - Eminent domain is being awarded to development groups across the nation along with a wink by legislators when eminent domain and quick take powers are given to authorities to be used for economic gain.

The definition of eminent domain quick take powers was quoted in the Champaign News Gazette:

"Quick take power allows the government to seize the land first, so it can start construction while the courts determine how much the owner should be compensated."

Southwestern Illinois Development Authority (SWIDA) has quick take powers and abused them a couple of years ago when they wanted to take property from one business owner and give it to another business. The judicial system worked that time.

Taking the property from one business to give to another was not permitted by the Illinois Supreme Court. SWIDA had quick take powers restored, but the governor used an amendatory veto that quick take can only be used by SWIDA with the approval of Illinois Department of Transportation. Some would say in some cases this is the fox watching the hen house.

As long as it is not our property that is the target, we ask ourselves, "Can we have too many Wal-Mart stores and malls?"

The real problem comes at the very root of the situation. The right to the protection of being a property owner and why we must protect private property.

For the rich and the poor to both have the opportunity to be property owners has set the United States apart from other nations. A poor person can buy property in the U.S. He can then mortgage that property and use the collateral to start a small business.

The American dream would be for that small business to grow into a J.C. Penneys or Kraft foods or Kentucky Fried Chicken - these dreams are achievable because an individual -- rich or poor -- can begin by being a property holder.

The Constitution was specific in the areas that condemnation of property should be used sparingly with the intention it be used for public use such as military bases, highways, bridges, prisons, and courts and the owner would be paid "just compensation." Owners of property felt safe to live in their homes and on their farms for generations. Rights and privileges went with ownership of private property.

But that is true no more. We have changed the rules.

What is "just compensation?"

If a person does not want to move, there would be no amount of compensation that would be "just." If someone owns property hoping to sell it for development in the future and then use the investment for their retirement, do they want to lose it to condemnation at what they are being told is fair market price today?

It now appears that large stores and malls are considered "for public use" and supersede the rights of the elderly, the ill, the poor and all property owners and their right to stay in their homes as provided by the Constitution.

Many of these people could never afford to fight a court battle against the giants so they lose their homes and have to find affordable housing elsewhere. At the "just compensation" of fair market value, there is often no housing available in their price range, so where will they go?

"Going for Grandmas House," an article by Michael W. Lynch gives case after case of eminent domain being used to "boot" grandma from her home for economic development purposes.

The Christian Science Monitor reported over 10,000 pieces of property have been seized by cities for private developers.

Reporting from the Institute for Justice report, some are the abuses are:

• Bremerton, Washington, removed a woman in her 80s from her home of 55 years for the claimed purpose of expanding a sewer plant -- but gave her former home to an auto dealership.
  
• West Palm Beach, in Florida, condemned a familys home -- so that the manager of a planned new golf course could live in it.

  The Institute for Justice reported that between 1998 and 2000 the four states leading in combination benefiting private parties was Maryland with 1,237 cases, California with 858, Ohio 421, and Michigan with 311.

  Articles from World Net Daily told of Alabaster, Alabama, a city of 24,000 who had a city council that wanted more money to spend. More revenue would have come from sales tax from the building of a major retail shopping center than from the property taxes of the residents, so guess what they decided to do?

  The city council voted to use eminent domain if some landowners refused to sell their property.

  Homeowners were told by city officials that if they didn't accept offers from land brokers, what the city would offer would be much less because under state law the city can only pay fair market value for their property.

  "The developer's offer was substantially lower than the fair market value, and the city offer is considerably lower." said Jim Pino, a Pelham lawyer who represents six of the property owners.

  The city's attempt to redevelop the area near the interstate is an effort "to steal from the poor and give to the rich," property owner Mattie Taylor said.

  "Sometimes the good of the many has to outweigh the greed of the few," said one councilman.

  It would appear this councilman's concept of greed is a bit twisted. It would be interesting if that councilmans home was one of the targeted "steals" of the day.

  TIF (Tax Increment Funding) and Eminent Domain have joined forces. TIF was supposedly meant to restore blighted areas but with the abuse of TIF districts that is not always the case. Using eminent domain in some of these areas will most assuredly be an attack on the poor. As we see this abuse happening in our own communities, we need to support those whose homes have been targeted for economic gain. Our elected officials need to understand we intend for them to follow the Constitution and to protect the rights of those they represent. 
  

  Copyright 2004 IllinoisLeader.com     Joyce Morrison lives in southern Illinois. She is a chapter leader for Concerned Women for America and she and her husband, Gary, represent the local Citizens for Private Property Rights. Joyce is Secretary to the Board of Directors of Rural Restoration/ADOPT Mission, a national farm ministry located in Sikeston. She has become a nationally-recognized advocate for property rights. http://illinoisleader.com/columnists/columnistsview.asp?c=11278