Eminent domain is a term for the power of the government to force private property owners to sell their property.
Eminent Domain
Eminent domain is a term for the power of the government to force private property owners to sell their property. Of course, the owner is compensated for the property at a rate determined to be reasonable by the government. Everyone is familiar with this concept in connection with so-called "public uses" such as roads, government buildings, airports and similar uses. What is far more troubling is that the judicial branch of our government has determined that a "public use" in the sense that most people imagine is not a necessary condition for the exercise of the government?s use of eminent domain. It is now permissible to take private property if the government determines that the property is "blighted". Alternatively, it is sufficient that the forced sale be part of a plan to increase the tax base for the government. In other words, if the government believes that it could sell your property to someone who is willing to pay more property tax for the same land, the government can seize your property.
Many people have become aware of this issue because it was publicized in connection with Wal-Mart developments. In essence, whenever Wal-Mart determines that it needs a particular plot of land it offers to buy the land from the owner. However, if the owner is unwilling to sell, or perhaps simply unwilling to sell at the price Wal-Mart offers, Wal-Mart simple turns to the local government and seeks to condemn the property as "blighted" or as part of a package of incentives to entice Wal-Mart into the community under the pretext of creating more jobs.
As if the current state of the law is not permissive enough, our state legislature recently attempted to pass a new law to make the process even easier. Fortunately, through the vocal opposition of many Libertarians, and with the help of publicity from Neal Boortz and his radio show, this bill has not been enacted. It is likely only a matter of time until the issue is reintroduced in some form or another. If elected, you can be assured that I will not vote for any use of eminent domain to transfer property from one private party to another without the consent of the seller.
By: Sean Concannon
For County Commission District 3
in Seminole County, Florida
Libertarian 2004
Eminent domain is a term for the power of the government to force private property owners to sell their property. Of course, the owner is compensated for the property at a rate determined to be reasonable by the government. Everyone is familiar with this concept in connection with so-called "public uses" such as roads, government buildings, airports and similar uses. What is far more troubling is that the judicial branch of our government has determined that a "public use" in the sense that most people imagine is not a necessary condition for the exercise of the government?s use of eminent domain. It is now permissible to take private property if the government determines that the property is "blighted". Alternatively, it is sufficient that the forced sale be part of a plan to increase the tax base for the government. In other words, if the government believes that it could sell your property to someone who is willing to pay more property tax for the same land, the government can seize your property.
Many people have become aware of this issue because it was publicized in connection with Wal-Mart developments. In essence, whenever Wal-Mart determines that it needs a particular plot of land it offers to buy the land from the owner. However, if the owner is unwilling to sell, or perhaps simply unwilling to sell at the price Wal-Mart offers, Wal-Mart simple turns to the local government and seeks to condemn the property as "blighted" or as part of a package of incentives to entice Wal-Mart into the community under the pretext of creating more jobs.
As if the current state of the law is not permissive enough, our state legislature recently attempted to pass a new law to make the process even easier. Fortunately, through the vocal opposition of many Libertarians, and with the help of publicity from Neal Boortz and his radio show, this bill has not been enacted. It is likely only a matter of time until the issue is reintroduced in some form or another. If elected, you can be assured that I will not vote for any use of eminent domain to transfer property from one private party to another without the consent of the seller.
By: Sean Concannon
For County Commission District 3
in Seminole County, Florida
Libertarian 2004
posted by Editor Facts & Myths at 11:14 AM
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