COUNTRY CORNER
By Steve Fairchild
For all the press and sound bites emanating from the Kelo v. City of New London decision,
British author G. K. Chesterson had it best back in 1907 when he wrote,
"Thieves respect property. They merely wish the property to become their
property that they may more perfectly respect it."
The quote is from a passage in The Man Who Would Be Thursday
in which a policeman rails against modern high mindedness. "The most dangerous
criminal now is the entirely lawless modern philosopher," he says.
That's prescient stuff for a piece of fiction written 100
years ago, especially in the context of today's property rights battles. And it
is a slice to the marrow of the issue. All of us, from the farmer to the city
lot owner to the commercial developer, have a philosophical vision for the
proper use of property. It is property ownership and the rights that accompany
it that help us keep our visions to ourselves. The Kelo v. City of New London
decision wasn't a watershed decision because it made way for the use of eminent
domain in economic development. That has been underway for decades through
loose interpretation of what constitutes blight. The decision is significant
because it signals that public agencies (and their private proxies) no longer
need to prove blight even halfheartedly before they take property. All they
need is a vision of higher purpose.
In one sense, farmers have had the upper hand as the use of
eminent domain has evolved from pure public good to economic development. It is
difficult to prove that a pasture or cornfield constitutes blight. And
agriculture is, for lack of a better term, the original use. That's part of
what has made the farmland holdout so profitable along the urban fringe. It's
different in town. At a governor's eminent domain task force hearing in
Jefferson City, Barb Geisman, St. Louis deputy mayor for development, pointed
out that in a place like St. Louis most properties have been several things
over history. She made a good case for the use of eminent domain when derelict
properties are involved, which fits the framework of true blight. But ask the
residents of Sunset Manor, a subdivision of Sunset Hills near St. Louis, what
happens when their perfectly well-kept houses get in the way of a proposed
shopping development.
At the same Jefferson City hearing, one Sunset Manor
resident said that representatives of the developer had suggested settling on
an agreeable price or the process would switch to an invocation of eminent
domain. That's abuse of the process plain and simple. Perhaps the majority of
nearby residentsÑpeople whose homes won't be demolishedÑare in favor of the
shopping center. A shopping center would be a property they more perfectly
respect. In a world where property rights still provided protection against the
tyranny of the majority, it wouldn't matter.
For you in the hinterlands, where shopping centers and
housing developments are no threat, don't get smug. Counties need revenue and
will court industry. Environmentalists will find endangered species. Health
ordinances will be erected where no health problems exist. Somewhere, someone
has a higher philosophical ideal for your property. If they can convince local
government it's the best use, what will you do?
Let's hope the governor's task force on eminent domain makes
wise recommendations. A ban on the use of eminent domain for economic
development will be a good start.
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