bookmark: little pink house
Aug 3 2010
Little Pink House – by Jeff Benedict
I was unusually ignorant of the facts in the case of Kelo v. City of New London even though the use of eminent domain by the government presses one of my hot buttons. It has always seemed the antithesis of freedom for the government to be able to take property without the owner having any say in the matter. The concept just sticks in my craw. Still, it is the law of the land, with the Fifth Amendment of our Constitution stating -
“ . . . nor shall private property be taken for public use, without just compensation.”
While the Constitution does not state that the government can take private property, establishing conditions for the taking of property in the amendment apparently is a tacit acknowledgement that the government has that power. This has also been upheld several times by the Supreme Court. However, the key qualifier in the Fifth Amendment is “for public use.” Theoretically, if the government wants to build a road, or a military base, or a dam, they can take your land because they are going to use it for something that will be of use to “the public.”
Unfortunately, in the case of Kelo v. City of New London, the Supreme Court came down on what I believe is the wrong side of the law. They approved the use of eminent domain in this case using the broadest possible interpretation of “public use.” They decided that property can be taken from private concerns to be given to other private concerns, as long as the community will, in some way or other, “benefit” from the taking. An example, as noted in this book; a Motel 6 could be taken and given to a large hotel chain to build a big resort community that would generate many more tax dollars for the community than the small motel would.
Jeff Benedict does an excellent job in laying out the case from beginning to end. I believe that you can see where his sympathies lie as he tells the story, but he does a good job of presenting the views of both sides. I was grateful to be able to find a good presentation of the case and would recommend this book, particularly to those who have heard of this case and the subsequent decision, but who have not been informed of all the facts.
(Finished 7/31/10)
