Eminent Domain Sucks
--posted by Tony Garcia on 6/29/2005This story shows us why eminent domain sucks and why the Supreme Court messed up. And from here it will only get worse.
Reba Thompson's home in South St. Louis has a well-manicured lawn and a charming front porch, but it's surrounded by turmoil. That's because what was once a neighborhood is now a construction zone. Thompson, 79, and her son Howard are standing their ground after 19 of their former neighbors sold their land and moved out to make way for a $40 million shopping center.
That's right, the city of St Louis is going to steal her home to give it to another private entity...for profit.
After living there for over 70 years, the family refuses to surrender the land. Thompson showed her resolve by rejecting the developers' buyout, but the developers began construction on the shopping center anyway. They fenced in the Thompson home and began construction around it.
"My whole family has worked hard to keep it nice so I could pass it down, and now they want to tear it down," said Reba Thompson.
The city is trying to seize the Thompson property through eminent domain, claiming the home is in a blighted area that needs the economic help of a shopping center. St. Louis officials consider the shopping center an essential part of the city's redevelopment effort, because citizens shouldn't be forced to do their shopping in the suburbs.
"a blighted area" that must have a shopping center. Now, I have seen some crappy neighborhoods and some great shopping centers. I hardly think that the shopping center is the best beautification project.
"We empathize with what they're going through. But we feel many more people will be helped by this project and projects like it," said Jeff Rainford (search), chief of staff to St. Louis Mayor Francis Slay.
There it is. This is the crappy excuse that the government will use. 'It will help more people because of the job creation, the tax base expansion, etc.'
The expected increase in the tax base/revenue will then be used for social programs like giving Reba subsidies to live and Section 8 housing.
"Somebody's best shot is to prove that the city officials that condemned the property were in the back pocket of the developer that wanted the design," said Eric Claeys, assistant professor of law at St. Louis University Law School.
And take a guess how hard that will be to prove.
The Supreme Court messed up and the road to non-existent property rights has been started upon.
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