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If there is a lesson from Connecticut’s misfortune, it is that economic development that relies on the strong arm of government will never be the kind to create sustainable growth.

This is a lesson that cities like Saint Louis should remember and asseverate in their future development projects. As demonstrated in New London, government involvement produces opposite-than-desired results, such as driving out businesses and attracting feral cats.

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New York’s highest court is set to hear arguments Wednesday in a case that will decide whether the state government can lawfully seize private property for a development company.

The story is very familiar, although the actors are different. This time, the New York State Urban Development Corp., a government agency, assumes the role previously played by the city of New London, Conn. A chorus of concerned land owners reprise the role of Susette Kelo, the woman in the little pink house. Forest City Ratner Cos. replaces the New London Development Corporation in the role of the developer, and instead of building a Pfizer research complex, it plans to build an NBA stadium in downtown Brooklyn.

Stay tuned! If the Court of Appeals in Albany sides with the property owners and introduces additional limits on eminent domain, there will be a happy ending. If the court sides with the developers, there will be an unhappy ending, as there was in New London. This will mean that, in addition to other negative consequences, the property owners will lose their homes and the city will lose money on the project.

The city’s Independent Budget Office said in a report last month that the arena would cost the city nearly $170 million, nearly $40 million more in spending than it would generate in tax revenues.

Eminent domain is not reserved for East Coast cities like New York and New London — it’s a pukka issue here in Missouri, too. Last month, the Show-Me Institute released a study of the expansion of eminent domain in Missouri, and it also hosted Jeff Benedict to speak about the eminent domain abuse that occurred in the Kelo v. New London Supreme Court case.

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I’ve also posted it below, for your convenience. This playlist consists of seven separate parts. After each individual part has finished playing, the playlist should automatically load the subsequent part until the sequence has finished. You may also choose to view any individual part on its own:

Part 1 (10:00) | Part 2 (10:03) | Part 3 (9:47) | Part 4 (10:01) | Part 5 (9:59) | Part 6 (10:00) | Part 7 (5:58)

The post “Little Pink House” Author Jeff Benedict Tells Story of Infamous Kelo Eminent Domain Case appeared first on Show-Me Institute.

Many people at these events asked whatever became of the planned development once the city won the case. Did they ever build the luxury hotels and condominiums, or the high-end retail shopping establishments that were promised? New London’s local newspaper, The Day, has produced a video that lets you see for yourself how the development is faring, four years after Mrs. Kelo’s neighborhood was leveled. I hope the city is satisfied with the Fort Trumbull neighborhood’s new residents.

The post For All Those Who Were Wondering … appeared first on Show-Me Institute.

The public’s reaction to the Kelo decision was immediate and impassioned, making the case one of the most reviled Supreme Court opinions in recent history. Citizens throughout the nation demanded that their state governments act to make sure their property rights were secure. As a result, 42 states passed at least one bill in response to Kelo, although some bills (such as the eminent domain "reform" passed in Missouri) were far less effective than others.

Regrettably, the Supreme Court marked this anniversary by announcing today that it will not consider a case that might have given them the chance to scale back some of the damage done by Kelo. Suzette Kelo, on the other hand, is helping to spearhead the continuing effort to see property rights protected in this country, and she was present for the grand reopening of the little pink house that was at the center of the controversy. It has been relocated to another part of the city, where it will stand as a monument to the struggle that she and her neighbors shared with hundreds of thousands of their fellow citizens who are threatened with eminent domain. And, perhaps unsurprisingly, three years after New London won its case by persuading five justices that the displacement of these tax-paying property owners was necessary to complete the city’s revitalization, the "redevelopment site" remains a wasteland.

The post Kelo v. New London, Three Years Later appeared first on Show-Me Institute.

Unfortunately, as has been demonstrated by a recent court decision, Missouri was among the states whose eminent domain reforms merely rearranged deck chairs on the Titanic. Unless the Missouri Supreme Court proved willing to restore the property rights guaranteed by the state’s Constitution, cities and agencies across the state could continue to take perfectly normal properties in order to give them away for the profit of a governmentally preferred owner. With last week’s unfortunate decision in City of Arnold v. Tourkakis, (and kudos to Nick for an excellent post on this topic) it seems unlikely that the Missouri Supreme Court is willing to prevent the eminent domain abuse that currently plagues this state.

This abandonment of property rights is deeply unsettling. As a nation — and as individual states — Americans adopted Bills of Rights in order to make sure that certain essential liberties would never be subject to restriction or elimination. Among those freedoms is the assurance that governments have no right to take away someone’s property unless it is required for the construction of a road or public building. The real-life consequences when the government does take someone’s property illustrate why this power mustbe tightly limited.

Eminent domain is rarely threatened against wealthy people or those who can fight back. Instead, the usual targets are communities composed of minorities, the poor, and/or the elderly. In the middle of the 20th century, cities so regularly used eminent domain against black neighborhoods that the practice was commonly referred to as "Negro removal." That offensive label eventually fell out of use, but poor black communities continue to be condemned far more frequently than white communities. A 1989 study estimated that of 10,000 families that Baltimore displaced in the name of removing blight, fully 90 percent were African-American. Mindy Fullilove, an expert on the impact of eminent domain on minority communities, estimates that more than 1,600 black neighborhoods have been destroyed nationwide.

But then there are elderly people. In Kelo v. New London, Wilhelmina Dery was an 87-year-old still living in her family home, in which she was born. All she wanted was to live out her final days in those beloved, familiar settings. She eventually did get her wish, but only because she died before the city got its chance to kick her out of her home.

In Norwood, Ohio, the city took the residence of Carl and Joy Gamble, an older couple who received their condemnation notice just days after they were finally able to retire. They were uprooted from the home in which they had raised their family and built their American Dream, and separated from their nearby family and friends, after which they moved into a small apartment with a daughter in Kentucky. After a grueling three-year legal war, the Ohio Supreme Court vindicated their rights, but the stress drove Carl to his grave and left Joy in such delicate health that she couldn’t return to the home she had sacrificed so much to save.

I was recently told about an elderly couple in Rolla who weren’t physically able to cope with a move when they were threatened with eminent domain. The wife had Alzheimer’s disease and the husband was terrified to complicate her dementia by moving her to an unfamiliar environment. Unmoved by their plight, the city tried to make it look like they were just holding out for more money. One councilmember said they should just move to a nursing home.

Someone’s home represents their stability and shelter, both in physical and emotional ways. It is the centering location in their life, the place to which they should be able to return each day and know that they have their own place in the world. These things are especially precious for people who can claim ownership of very little else. But rather than protecting the rights of these citizens, both courts and legislatures have been content to sacrifice their security in the name of "progress," or — more coarsely — so they can be replaced with a wealthier, "more desirable" class of people.

Eminent domain abuse is not just unconstitutional — it is unjust, immoral, and abhorrent. And, assuming that Missouri’s lawmakers and courts will continue to stand by as more and more home and business owners are wrecked by these abuses, the people of this state will have no choice but to
amend the state Constitution in the hopes of restoring the security that should be an American birthright.

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