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OpinionJournal - JOHN FUND ON THE TRAIL
HASTA EL SOCIALISTOIDE CONYERS PROTESTA. NOS RECUERDA EL CLASICO CUENTO =
DE LA VACA. EL ALDEANO RUSO ESTABA DISPUESTO A DONAR TODO AL ESTADO =
EXCEPTO SU VACA. Y..... **** QUE?...... LE PREGUNTARON .....****QUE TENGO =
UNA VACA
=20
PRINT WINDOW CLOSE WINDOW
JOHN FUND ON THE TRAIL=20
Property Rights Are Civil Rights
Opposition to the Kelo decision crosses racial and party lines.
Monday, July 11, 2005 12:01 a.m.
In 1954 the Supreme Court declared in Brown v. Board of Education that =
racial segregation in public schools was unconstitutional. But that same =
year it also ruled in Berman v. Parker that government's power of =
eminent domain could be used to seize property in order to tear down =
"blighted" areas.=20
It soon became clear that too often urban renewal really meant "Negro =
removal," as cities increasingly razed stable neighborhoods to benefit =
powerful interests. That helps explain why 50 years later so many =
minority groups are furious at the Supreme Court's decision last month =
to build on the Berman precedent and give government a green light to =
take private property that isn't "blighted" if it can be justified in =
the name of economic development.=20
Within a week of the Supreme Court's 5-4 decision in Kelo v. New London, =
Rep. John Conyers, the ranking Democrat on the House Judiciary Committee =
and the longest-serving member of the Congressional Black Caucus, =
pronounced himself "shocked" to be joining with conservatives in backing =
a bill to bar federal funds from being used to make improvements on any =
lands seized for private development. He noted that the NAACP, Operation =
PUSH and the Leader****p Conference on Civil Rights all believe "this =
court opinion makes it too easy for private property to be taken and =
[this is a practice] that has been used historically to target the poor, =
people of color and the elderly." The measure blocking federal funds =
passed the House by 231-189. A companion resolution condemning the Kelo =
decision was approved 365-33. Only 10 of the 43 members of the =
Congressional Black Caucus and only two members of the Congrssional =
Hispanic Caucus voted against the latter measure.=20
Many Democrats who used to scoff at conservative fears about activist =
judges are now joining their barricades when it comes to eminent domain. =
"In a way this ruling is about civil rights because it interferes with =
your right to own and keep your property," says Wilhelmina Leigh, a =
research analyst with the Joint Center for Political and Economic =
Studies in Wa****ngton. "It means you have to hope and trust in the =
goodness of other human beings that if you buy real estate that you will =
be allowed to keep it." Few appear to be willing to trust government on =
this issue, which is why the Kelo decision has touched off such a =
populist reaction against it.=20
Martin Luther King III, a former president of the Southern Christian =
Leader****p Conference, says that "eminent domain should only be used for =
true public projects, not to take from one private owner to give to =
another wealthier private owner." In 2001 he joined with the free-market =
Institute for Justice (which represented the Kelo plaintiffs) to stop =
the state of Mississippi from uprooting homeowners to make room for a =
Nissan truck factory. After he compared the state's actions to "a giant =
stepping on a grasshopper," public opposition to the taking mounted. The =
state finally announced that Nissan had come up with a way to redesign =
its facility so that the homeowners wouldn't have to leave.=20
Justice Sandra Day O'Connor warned in her Kelo dissent "all private =
property is now vulnerable to being taken and transferred to another =
private owner, so long as it might be upgraded." She added that the =
decision's effect is to "wash out any distinction between private and =
public use of property--and thereby effectively to delete the words 'for =
public use' from the Takings Clause of the Fifth Amendment."=20
=20
In her outraged dissent, Justice O'Connor failed to note that the =
Supreme Court's erosion of property rights began a long time ago. Before =
the 1954 Berman decision, with some exceptions, private property could =
be taken through eminent domain only for public uses. In Berman, =
however, the court declared the words "public use" to mean "public =
purpose," as defined by local officials. Soon the definition of "blight" =
became highly elastic, as governments began condemning working- and =
middle-class neighborhoods simply because they were desired by private =
interests. As Justice Clarence Thomas noted in his dissent in Kelo: "Of =
all the families displaced by urban renewal from 1949 through 1963, 63 =
percent of those whose race was known were nonwhite, and of these =
families, 56 percent of nonwhites and 38 percent of whites had incomes =
low enough to qualify for public housing, which, however, was seldom =
available to them."=20
The definition of a "blighted" area eventually became so expansive that =
it 1981 the Michigan Supreme Court allowed the city of Detroit to raze a =
stable neighborhood called Poletown to make way for a General Motors =
plant. The Michigan Supreme Court finally repudiated that decision last =
year, in a ruling that noted that property rights would no longer exist =
in America if cities could simply take property when they found a use =
that yielded higher taxes or other benefits.=20
By contrast, the U.S. Supreme Court has now decided not to overturn its =
Berman precedent and indeed has expanded the deference it gives to local =
governments to determine what "public use" means. But states and =
localities are free to take their own steps to preserve private property =
rights. Nine states--Arkansas, Florida, Illinois, Kentucky, Maine, =
Michigan, Montana, South Carolina and Wa****ngton--already forbid the use =
of eminent domain for economic development except in narrow =
cir***stances. The Institute for Justice has launched a $3 million =
"Hands Off My Home" campaign to convince other states to join them. In =
Georgia, Gov. Sonny Perdue is demanding a full review of eminent domain. =
The Texas Legislature has already debated a constitutional amendment =
that would ban the use of eminent domain solely for economic purposes.=20
No one argues that struggling cities or states don't have a right to =
improve themselves through redevelopment. But the new civil-rights =
coalition forming in reaction to the Kelo decision says that need can't =
justify land seizures from which politically connected players stand to =
gain at the expense of individual civil rights. If the half-century =
since Brown v. Board of Education has taught us anything, it is that =
some rights are and must remain nonnegotiable.=20
Copyright =A9 2005 Dow Jones & Company, Inc. All Rights Reserved.=20
PRINT WINDOW CLOSE WINDOW
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<DIV><STRONG><FONT face=3DArial size=3D2></FONT></STRONG> </DIV>
<DIV>HASTA EL SOCIALISTOIDE CONYERS PROTESTA. NOS RECUERDA EL CLASICO =
CUENTO DE=20
LA VACA. EL ALDEANO RUSO ESTABA DISPUESTO A DONAR TODO AL ESTADO =
EXCEPTO=20
SU VACA. Y..... **** QUE?...... LE PREGUNTARON .....****QUE TENGO UNA =
VACA</DIV>
<P align=3Dleft><NOWRAP><A href=3D"http://www.wsj.com/"><IMG
height=3D91 =
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<P align=3Dcenter><A href=3D"javascript:servWin('print')">PRINT=20
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WINDOW</A></P>
<P align=3Dleft><FONT face=3DVerdana color=3D#993300 size=3D2><B>JOHN =
FUND ON THE=20
TRAIL</B></FONT> </P><FONT face=3D"Garamond, Times" size=3D5><B>Property =
Rights Are=20
Civil Rights</B></FONT><BR><FONT face=3D"Verdana, Times" =
size=3D2>Opposition to=20
the <I>Kelo</I> decision crosses racial and party =
lines.</FONT><BR><BR><FONT=20
face=3D"Verdana, Times" size=3D2><I>Monday, July 11, 2005 12:01=20
a.m.</I></FONT><BR><BR><FONT face=3D"Verdana, Times" size=3D2>In 1954 =
the Supreme=20
Court declared in <I>Brown v. Board of Education</I> that racial =
segregation in=20
public schools was unconstitutional. But that same year it also ruled in =
<I>Berman v. Parker</I> that government's power of eminent domain could =
be used=20
to seize property in order to tear down "blighted" areas.=20
<P>It soon became clear that too often urban renewal really meant "Negro =
removal," as cities increasingly razed stable neighborhoods to benefit =
powerful=20
interests. That helps explain why 50 years later so many minority groups =
are=20
furious at the Supreme Court's decision last month to build on the =
<I>Berman</I>=20
precedent and give government a green light to take private property =
that isn't=20
"blighted" if it can be justified in the name of economic development.=20
<P>Within a week of the Supreme Court's 5-4 decision in <I>Kelo v. New =
London,=20
</I>Rep. John Conyers, the ranking Democrat on the House Judiciary =
Committee and=20
the longest-serving member of the Congressional Black Caucus, pronounced =
himself=20
"shocked" to be joining with conservatives in backing a bill to bar =
federal=20
funds from being used to make improvements on any lands seized for =
private=20
development. He noted that the NAACP, Operation PUSH and the Leader****p=20
Conference on Civil Rights all believe "this court opinion makes it too =
easy for=20
private property to be taken and [this is a practice] that has been used =
historically to target the poor, people of color and the elderly." The =
measure=20
blocking federal funds passed the House by 231-189. A companion =
resolution=20
condemning the <I>Kelo</I> decision was approved 365-33. Only 10 of the =
43=20
members of the Congressional Black Caucus and only two members of the=20
Congrssional Hispanic Caucus voted against the latter measure.=20
<P>Many Democrats who used to scoff at conservative fears about activist =
judges=20
are now joining their barricades when it comes to eminent domain. "In a =
way this=20
ruling is about civil rights because it interferes with your right to =
own and=20
keep your property," says Wilhelmina Leigh, a research analyst with the =
Joint=20
Center for Political and Economic Studies in Wa****ngton. "It means you =
have to=20
hope and trust in the goodness of other human beings that if you buy =
real estate=20
that you will be allowed to keep it." Few appear to be willing to trust=20
government on this issue, which is why the <I>Kelo</I> decision has =
touched off=20
such a populist reaction against it.=20
<P>Martin Luther King III, a former president of the Southern Christian=20
Leader****p Conference, says that "eminent domain should only be used for =
true=20
public projects, not to take from one private owner to give to another =
wealthier=20
private owner." In 2001 he joined with the free-market Institute for =
Justice=20
(which represented the <I>Kelo</I> plaintiffs) to stop the state of =
Mississippi=20
from uprooting homeowners to make room for a Nissan truck factory. After =
he=20
compared the state's actions to "a giant stepping on a grasshopper," =
public=20
opposition to the taking mounted. The state finally announced that =
Nissan had=20
come up with a way to redesign its facility so that the homeowners =
wouldn't have=20
to leave.=20
<P>Justice Sandra Day O'Connor warned in her <I>Kelo</I> dissent "all =
private=20
property is now vulnerable to being taken and transferred to another =
private=20
owner, so long as it might be upgraded." She added that the decision's =
effect is=20
to "wash out any distinction between private and public use of =
property--and=20
thereby effectively to delete the words 'for public use' from the =
Takings Clause=20
of the Fifth Amendment."=20
<P>
<P align=3Dcenter><IMG height=3D6 alt=3D"" hspace=3D0 =
src=3D"/images/storyend_dingbat.gif"=20
width=3D88 align=3Dcenter border=3D0>=20
<P></P>In her outraged dissent, Justice O'Connor failed to note that the =
Supreme=20
Court's erosion of property rights began a long time ago. Before the =
1954=20
<I>Berman</I> decision, with some exceptions, private property could be =
taken=20
through eminent domain only for public uses. In Berman, however, the =
court=20
declared the words "public use" to mean "public purpose," as defined by =
local=20
officials. Soon the definition of "blight" became highly elastic, as =
governments=20
began condemning working- and middle-class neighborhoods simply because =
they=20
were desired by private interests. As Justice Clarence Thomas noted in =
his=20
dissent in <I>Kelo:</I> "Of all the families displaced by urban renewal =
from=20
1949 through 1963, 63 percent of those whose race was known were =
nonwhite, and=20
of these families, 56 percent of nonwhites and 38 percent of whites had =
incomes=20
low enough to qualify for public housing, which, however, was seldom =
available=20
to them."=20
<P>The definition of a "blighted" area eventually became so expansive =
that it=20
1981 the Michigan Supreme Court allowed the city of Detroit to raze a =
stable=20
neighborhood called Poletown to make way for a General Motors plant. The =
Michigan Supreme Court finally repudiated that decision last year, in a =
ruling=20
that noted that property rights would no longer exist in America if =
cities could=20
simply take property when they found a use that yielded higher taxes or =
other=20
benefits.=20
<P>By contrast, the U.S. Supreme Court has now decided not to overturn =
its=20
<I>Berman </I>precedent and indeed has expanded the deference it gives =
to local=20
governments to determine what "public use" means. But states and =
localities are=20
free to take their own steps to preserve private property rights. Nine=20
states--Arkansas, Florida, Illinois, Kentucky, Maine, Michigan, Montana, =
South=20
Carolina and Wa****ngton--already forbid the use of eminent domain for =
economic=20
development except in narrow cir***stances. The Institute for Justice =
has=20
launched a $3 million "Hands Off My Home" campaign to convince other =
states to=20
join them. In Georgia, Gov. Sonny Perdue is demanding a full review of =
eminent=20
domain. The Texas Legislature has already debated a constitutional =
amendment=20
that would ban the use of eminent domain solely for economic purposes.=20
<P>No one argues that struggling cities or states don't have a right to =
improve=20
themselves through redevelopment. But the new civil-rights coalition =
forming in=20
reaction to the <I>Kelo</I> decision says that need can't justify land =
seizures=20
from which politically connected players stand to gain at the expense of =
individual civil rights. If the half-century since <I>Brown v. Board of=20
Education</I> has taught us anything, it is that some rights are and =
must remain=20
nonnegotiable. </FONT><BR>
<P align=3Dcenter><I>Copyright =A9 2005 Dow Jones & Company, Inc. =
All Rights=20
Reserved.</I> </P><FONT face=3DVerdana size=3D1>
<P align=3Dcenter><A href=3D"javascript:servWin('print')">PRINT=20
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