Eminent Domain Ambivalence
The Washington Post has an interesting ediorial about the eminent domain case being heard by the Supreme Court. I've been watching this case not just on principle, but also because there is a sister case involving the city of Norwood, Ohio--the next neighborhood over from where I live but an independent city surrounded by Cincinnati. I've been of two minds about these cases from the start. And I've been hoping my ambivalence isn't just because it would be nice to be able to shop at Crate and Barrel without driving to Chicago.
The Post editorial argues that the courts cannot become the arbiters of what is public use. If we have abusive applications of eminent domain then we should oust the leglistors or executives who let it happen, but we should not expect the courts to block any but the most egregious cases. I guess somethig about this seems right to me. But I can't say that it has resolved my self-conflicts about the principle.
On the one hand, in general the government should not force people off their property in order to turn it into a shopping mall. I think about the four property owners in Norwood who were essentially forced to sell against their will. Some were owner-occupied, some rental properties, and some businesses. (Does that matter? Does it matter that the buy-out values the houses at far higher than what they could possibly sell for residential use?) And of course I think, "damn, I would not like to be forced to sell my home to a developer."
On the other hand, I think of the sixty-some others who were, from their point of view, "held hostage" by the hold-outs. I ask myself whether I believe in an absolute right to ownership of private property, and I find that I don't. We liberals, er, progressives, think that sometimes we have to give up our property involuntarily for the public good. Sometimes we call this taxation, but we know it has other forms. (And we know that sometimes people have to sell some of their real property in order to pay their taxes, or because they cannot afford to continue paying taxes on it. We, in contrast to W, think this is a worthwhile cost of our system of governance.) Might the public good sometimes include the economic good of our cities? Why not? Houses are of great sentimental value, but they are fundamentally just a big piece of stuff that someone took from someone, who took it from someone... who took it from the animals, and etc.
Recently a city waterworks crew foreman told me that I should check my deed because the city's right of way may extend much further than just over the sidewalk but perhaps halfway up my yard--meaning that the city would not even have to pay to repair any damage to landscaping they cause if they need to go that far into the property. I was indignant, but I still like having running water. I got lucky this time; but they tore up several yards on my street. Last summer a similar thing happened when they replaced the gas mains and ripped into everyone's yard. My lawn is still a mess but the privately held Fortune 500 gas company raised their rates anyhow. And every month I have to let them into my house to read the meters in my basement because they have decided that is cheaper (for them) than installing remotely readable meters. The lesson is that our houses are only mostly ours to begin with.
If one thing seems obvious to me, it is that once initiated eminent domain battles are lose-lose situations for both the "sell-outs" and the "hold-outs." If the city, the developer, and the sell-outs win, someone gets forced off their property. But if the hold-outs win, they kill the residential value of the neighborgood and the property values of their neighbors for good. Once the attempt at eminent domain begins, it will either succeed or the neighborhood will decay... and before long the city will declare it blighted by the standards that the missed the first time. (Why should we have to wait for it to decay, New Haven argues.) There has to be a better system.
Does anyone know of a case where the city/developer lost and the disputed area subsequently rebounded as a residential neighborhood? I have my doubts.



