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Renew Deal

(81,861 posts)
Sat Feb 6, 2016, 11:05 PM Feb 2016

Do you support eminent domain?

"the right of a government or its agent to expropriate private property for public use, with payment of compensation."

https://www.google.com/#q=eminent+domain


35 votes, 1 pass | Time left: Unlimited
Yes, I support eminent domain to expropriate private property for public use
19 (54%)
Yes, I support eminent domain to expropriate private property for any use
0 (0%)
No
14 (40%)
Not Sure
1 (3%)
Other
1 (3%)
Show usernames
Disclaimer: This is an Internet poll
45 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Do you support eminent domain? (Original Post) Renew Deal Feb 2016 OP
No way. leftofcool Feb 2016 #1
when the Texas Rangers used it to build a stadium, I fully understood the potential for abuse. virtualobserver Feb 2016 #4
And therein lies the problem. leftofcool Feb 2016 #7
The current Rangers Ballpark was built on a parking lot tammywammy Feb 2016 #29
they seized 13 acres through eminent domain for the stadium complex virtualobserver Feb 2016 #33
No, just that I had forgotten. tammywammy Feb 2016 #34
I believe George W. Bush was involved in that sleazy deal hibbing Feb 2016 #30
ED has been abused time and again for "Public Good." Many times "Public Good" is bullshit! TheBlackAdder Feb 2016 #39
I do. Agschmid Feb 2016 #2
"for public use" - does that include making you sell it so they can build a Walmart store? n/t PoliticAverse Feb 2016 #3
No. Public use is a park, hospital, train tracks, road, etc. Renew Deal Feb 2016 #5
Ok so you are positing a more restricted version of eminent domain than that allowed... PoliticAverse Feb 2016 #10
That right there is the case that changed my mind entirely. dorkzilla Feb 2016 #13
Public use can also be a pipeline womanofthehills Feb 2016 #40
A private NJ pizza shop EDed someone's backyard for off-street parking, seen as "Public Good" TheBlackAdder Feb 2016 #41
It was never meant to be that way Warpy Feb 2016 #18
Exactly. HooptieWagon Feb 2016 #27
I voted yes HassleCat Feb 2016 #6
If I recall correctly, in the SC case from Connecticut related to this, the progressive justices hughee99 Feb 2016 #12
Kelo v. City of New London (2005)... PoliticAverse Feb 2016 #14
The question that raises for me HassleCat Feb 2016 #17
I think they thought of this as the government helping the little guy? hughee99 Feb 2016 #19
Yes, it can get subtle HassleCat Feb 2016 #20
NOT in any way Old Codger Feb 2016 #8
For public use and public ownership. rug Feb 2016 #9
Public use: yes. Nye Bevan Feb 2016 #11
That is a wonderful idea - the idea that the persons so dispossessed would get a share in Yo_Mama Feb 2016 #24
Yes, for public works, even though it cost my grandmother her house Retrograde Feb 2016 #15
No. metroins Feb 2016 #16
If I am fairly compensated for property I am not intensly attatched to, and for the public good - Kali Feb 2016 #21
Public only! THis does NOT include "expanding the tax base" annabanana Feb 2016 #22
In NJ, a Pizza Shop EDed a neighbor's backyard for a parking lot. Reason, move cars off the street! TheBlackAdder Feb 2016 #38
I do support eminent domain for public use for public purposes. Yo_Mama Feb 2016 #23
I guess it makes me sort of right-wing-ish, but no, I don't support the concept. begin_within Feb 2016 #25
Yes, if they are paid equal to or more than market value and the purpose is for urban renewal. ErikJ Feb 2016 #26
It's in the constitution. Until it is amended. . .gotta support the constitution. Feeling the Bern Feb 2016 #28
In the Kelo case... HooptieWagon Feb 2016 #31
I voted to pass on the existing options because my response is merrily Feb 2016 #32
You are absolutely right. They must be fairly compensated, and go through due process as you stated still_one Feb 2016 #35
And as long as the state doesn't mess with 'fair value' by saying the property is devalued.. X_Digger Feb 2016 #36
Of course. A truly fair value and a bonus for using the power of the state to force a sale. merrily Feb 2016 #37
thank you for taking the time hopemountain Feb 2016 #42
I did address that kind of thing in my response, but I know it's merrily Feb 2016 #43
And there's no way anyone would get "fair market value" here. EllieBC Feb 2016 #45
Freeways and such... not for developers Liberal_in_LA Feb 2016 #44

leftofcool

(19,460 posts)
7. And therein lies the problem.
Sat Feb 6, 2016, 11:12 PM
Feb 2016

I did not support eminent domain when the coal mining companies stole the land from the mountain people and I don't support it for the Keystone Pipeline or anything else people want to say is for "public use."

tammywammy

(26,582 posts)
29. The current Rangers Ballpark was built on a parking lot
Sun Feb 7, 2016, 01:05 AM
Feb 2016

There was no eminent domain, it was built on top of one of the parking lots of the previous stadium.

 

virtualobserver

(8,760 posts)
33. they seized 13 acres through eminent domain for the stadium complex
Sun Feb 7, 2016, 01:18 AM
Feb 2016

are you saying that it didn't happen?

hibbing

(10,098 posts)
30. I believe George W. Bush was involved in that sleazy deal
Sun Feb 7, 2016, 01:06 AM
Feb 2016

Was funny hearing Jeb! talking about the horrors of eminent domain when his brother was involved with the Rangers when that deal went down. A baseball stadium for a billionaire owner is not public use. That is for private profit.

Peae

TheBlackAdder

(28,209 posts)
39. ED has been abused time and again for "Public Good." Many times "Public Good" is bullshit!
Sun Feb 7, 2016, 03:04 AM
Feb 2016

.


Sure there are times when capital projects need to be done, but the pipeline for KXL use ED to steal property.


I posted below a pizza parlor stealing a guys property in NJ to build a parking lot. It was justified as 'public good' because it took cars off of the street. The property owner was years before the pizza parlor was built.


There are cases all over the place of Public Good being perverted by those in power or those with influence.


.


PoliticAverse

(26,366 posts)
10. Ok so you are positing a more restricted version of eminent domain than that allowed...
Sat Feb 6, 2016, 11:13 PM
Feb 2016

by the US Supreme court in Kelo v. City of New London (2005, https://en.wikipedia.org/wiki/Kelo_v._City_of_New_London ).

dorkzilla

(5,141 posts)
13. That right there is the case that changed my mind entirely.
Sat Feb 6, 2016, 11:24 PM
Feb 2016

No no no no. That was just wrong in the wrongest way.

TheBlackAdder

(28,209 posts)
41. A private NJ pizza shop EDed someone's backyard for off-street parking, seen as "Public Good"
Sun Feb 7, 2016, 03:13 AM
Feb 2016

.


It depends on how Public Good is defined by the powers to be, and presented to the court.

A community in NJ was razed to build a tunnel for a casino operator, who backed out of the deal after $330M of taxpayer money was spent on the tunnel and nine homes torn down. YES, PRIVATE BUSINESS CAN EMINENT DOMAIN PROPERTY!


http://articles.philly.com/1997-01-24/news/25559008_1_tunnel-plan-feasibility-study-wynn-s-mirage-resorts


Donald Trump EDed a window's home for a casino parking lot:

http://www.motherjones.com/politics/2015/09/trump-eminent-domain-attacks-right


Most time, the little guy loses.


.

Warpy

(111,275 posts)
18. It was never meant to be that way
Sat Feb 6, 2016, 11:42 PM
Feb 2016

It was meant taking land for hospitals and public buildings and road projects, not so some fat billionaire can get fatter.

 

HassleCat

(6,409 posts)
6. I voted yes
Sat Feb 6, 2016, 11:10 PM
Feb 2016

But I realize there are problems when they use eminent domain to seize property to build shopping malls. That's not the intended purpose. We need some progressive action to get things back on track.

hughee99

(16,113 posts)
12. If I recall correctly, in the SC case from Connecticut related to this, the progressive justices
Sat Feb 6, 2016, 11:20 PM
Feb 2016

were the problem. A very rare occasion where I found myself on the same side as Fat Tony Scalia.

 

HassleCat

(6,409 posts)
17. The question that raises for me
Sat Feb 6, 2016, 11:34 PM
Feb 2016

How progressive are they? I think they're liberal enough to be on the side of government, but not progressive enough to believe government should be helping the ordinary citizen, not the big corporation.

hughee99

(16,113 posts)
19. I think they thought of this as the government helping the little guy?
Sat Feb 6, 2016, 11:48 PM
Feb 2016

When the government generates more in tax revenue, they have more money to do more things and help more people.

Personally, I don't have an issue with the concept of eminent domain, but I do have an issue with a way-to-vague definition of what is "the public good"

 

HassleCat

(6,409 posts)
20. Yes, it can get subtle
Sat Feb 6, 2016, 11:54 PM
Feb 2016

Is in the public interest to help businesses make money and hire people,and so on. The problem occurs when we use the power of government to enable business to step on the neck of property owners. Not all things are in the public interest in the same way, and a shopping mall is not the same as a new high school or public hospital.

 

Old Codger

(4,205 posts)
8. NOT in any way
Sat Feb 6, 2016, 11:12 PM
Feb 2016

the way they have basterdized it and used it help big business and fucked people on it , they need to stop it and get rid of it..

Nye Bevan

(25,406 posts)
11. Public use: yes.
Sat Feb 6, 2016, 11:16 PM
Feb 2016

But people should be paid at least double the fair market value of their property.

Private use: pay them five times market value, at least, and give them an equity stake in whatever the project is.

Yo_Mama

(8,303 posts)
24. That is a wonderful idea - the idea that the persons so dispossessed would get a share in
Sun Feb 7, 2016, 12:27 AM
Feb 2016

the resulting project.

It would solve a lot of problems.

Retrograde

(10,137 posts)
15. Yes, for public works, even though it cost my grandmother her house
Sat Feb 6, 2016, 11:31 PM
Feb 2016

Her house was in the way of a road re-routing project. She did get paid enough to build a new one (already owning the land, and having her sons and sons-in-law do the actual building (I help by fetching and carrying - I was 5 at the time) helped a lot).

metroins

(2,550 posts)
16. No.
Sat Feb 6, 2016, 11:31 PM
Feb 2016

It's actually progressive to protect citizens property from being taken by the government.

If you need a project done, you find a way or pay a price they'll accept.

Kali

(55,014 posts)
21. If I am fairly compensated for property I am not intensly attatched to, and for the public good -
Sat Feb 6, 2016, 11:58 PM
Feb 2016

sure. If it were my home, I doubt it - at any price.

TheBlackAdder

(28,209 posts)
38. In NJ, a Pizza Shop EDed a neighbor's backyard for a parking lot. Reason, move cars off the street!
Sun Feb 7, 2016, 02:58 AM
Feb 2016

.


So, a private business can steal someone's property if it benefits them, under the guise of "Public Good!"


Christie Whitman EDed dozens of homes in Barnegate to build a tunnel for a Casino mogel's casino.


After the homes were razed and tens of millions spent by taxpayers to build a tunnel to this guy's casino...

the fucking guy backed out of the deal and there's a tunnel to nowhere and a community destroyed!


.

Yo_Mama

(8,303 posts)
23. I do support eminent domain for public use for public purposes.
Sun Feb 7, 2016, 12:26 AM
Feb 2016

I am much more hesitant to support eminent domain for uses which are called public but which will really enrich a few members of the local government.

A lot of what is called public use isn't.

I am very, very unwilling to support emininent domain for any project that is non-government. Roads, schools, hospitals, etc are legitimate. Private development often does more harm than good, and eminent domain is used to get land more cheaply than it could otherwise be purchased.

More tax dollars is not a public purpose, IMO. Eminent domain is way, way overused.

 

ErikJ

(6,335 posts)
26. Yes, if they are paid equal to or more than market value and the purpose is for urban renewal.
Sun Feb 7, 2016, 12:53 AM
Feb 2016

Which is most often done in conjunction with private developers.

 

HooptieWagon

(17,064 posts)
31. In the Kelo case...
Sun Feb 7, 2016, 01:06 AM
Feb 2016

The developer never got financing (despite acquiring the waterfront property for $1/yr), and the development was never built. The land remains vacant, and was even used as a dump for a while for storm debris. This clearly was an abuse of power, and the SC justices who voted for it should be ashamed.

merrily

(45,251 posts)
32. I voted to pass on the existing options because my response is
Sun Feb 7, 2016, 01:13 AM
Feb 2016

I support the centuries old power of eminent domain, recognized in the US Constitution, if "public" is defined very narrowly and the price paid is very fair, meaning a bonus for the involuntary nature of the move, not simply fair market value of the property.

If a city really needs a right of way or a piece of property for a valid and necessary city use and the owner(s) won't sell, something has to give for the good of the city's population. But, eminent domain has been abused and the results have been highly detrimental to the general population.

The Supreme Court's decision in Kelo v. City of New London, 545 U.S. 469 (2005) affirmed the authority of New London, Connecticut, to take non-blighted private property by eminent domain, and then transfer it for a dollar a year to a private developer solely for the purpose of increasing municipal revenues. This 5-4 decision received heavy press coverage and inspired a public outcry criticizing eminent domain powers as too broad. In reaction to Kelo, several states enacted or are considering state legislation that would further define and restrict the power of eminent domain. The Supreme Courts of Illinois, Michigan (County of Wayne v. Hathcock [2004]), Ohio (Norwood, Ohio v. Horney [2006]), Oklahoma, and South Carolina have recently ruled to disallow such takings under their state constitutions.

The redevelopment in New London, the subject of the Kelo decision, proved to be a failure and as of ten years after the court's decision nothing has been built on the taken land in spite of the expenditure of over $100 million in public funds. The Pfizer corporation, which owned a $300 million research facility in the area, and would have been the primary beneficiary of the additional development, announced in 2009 that it would close its facility, and did so shortly before the expiration of its 10-year tax abatement agreement with the city.[12] The facility was subsequently purchased in 2010 for just $55 million by General Dynamics Electric Boat.[13]


https://en.wikipedia.org/wiki/Eminent_domain

See also https://en.wikipedia.org/wiki/Kelo_v._City_of_New_London

still_one

(92,219 posts)
35. You are absolutely right. They must be fairly compensated, and go through due process as you stated
Sun Feb 7, 2016, 01:37 AM
Feb 2016

X_Digger

(18,585 posts)
36. And as long as the state doesn't mess with 'fair value' by saying the property is devalued..
Sun Feb 7, 2016, 01:38 AM
Feb 2016

.. because of the proposed project (e.g., who wants a house in the median of an interstate..)

merrily

(45,251 posts)
37. Of course. A truly fair value and a bonus for using the power of the state to force a sale.
Sun Feb 7, 2016, 01:41 AM
Feb 2016

I guess that could be abused, too, by the owner, holding out to hold up the state. I'm not sure how to prevent that, but the state has more power and more ability to raise money than the average property owner. I might also make special provision for an owner occupied residence, as opposed to a commercial or rental property.

hopemountain

(3,919 posts)
42. thank you for taking the time
Sun Feb 7, 2016, 03:32 AM
Feb 2016

to provide the extra step for more information and a explanation of what it used to mean.
i voted no because we have a huge issue right now with the threat of an lng pipeline from canada down eastern side of oregon and across southern oregon watersheds to west coast loading docks - under and over rivers, forests, desert, mountains, etc. by private corporations. it is disgusting!

merrily

(45,251 posts)
43. I did address that kind of thing in my response, but I know it's
Sun Feb 7, 2016, 03:36 AM
Feb 2016

hard to trust government not to find loopholes or imagine their existence. Hell, imagining huge loopholes in the bill of rights is the only "justification" for government spying as we currently know it. And oil is always a law unto itself in this country, at least until we manage solar. (Amazing--and fishy--that that has not happened already, isn't it?)

EllieBC

(3,016 posts)
45. And there's no way anyone would get "fair market value" here.
Sun Feb 7, 2016, 04:17 AM
Feb 2016

Not with what homes cost in many parts of BC. The government would not pay that much at all.

Frankly, I could see the government very easily undervaluing homes.

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