When the Kelo Decision came down from the Supreme Court this past year, the battle front over private property rights shifted to the state and local level.
In a move to shore up private property rights throughout Michigan, voters will have the chance to decide on limitations on the use of eminent domain by state and local governments in that state. From CrainsDetroit.com:
Governments condemning private property would have to demonstrate by "clear and convincing evidence" that the taking is for a public use. That's a higher standard than the "preponderance" of evidence required for a general condemnation of private property.
Similar state-wide initiatives are also moving ahead in other states, including Missouri.
We are also seeing local governments battle over the proper use of eminent domain, such as this example from Rolla, Missouri.
But, even with limitations on the books, we must always remember that we are dealing with politicians with these matters. For example, Florida has limitations on the use of eminent domain already in place. It can only be used if it can be demonstrated that the property is a slum or a blight. However, in battle over water front property at Riviera Beach we can see that one man's blight is another man's home and neighborhood. If politicians and developers want property bad enough, there is always a consultant who can craft a study to meet the state's definition of blight.
The battle over property rights created by the Kelo Decision will not be won simply with legislation, although such actions are important. This is also a moral issue. We have built this country on the fundamental premise that government is in place to serve the people. The Kelo Decision tips the balance on this. Governments can now decide who will serve them best.
Samuel Gregg captures this in his essay found at Acton.org:
St. Thomas Aquinas once wrote that private property was a great bulwark against undue expansion of state authority, precisely because my ownership of a property means that I, rather than government officials, make most of the decisions about how to use it. Kelo's expansion of eminent domain undermines this very basic protection against excessive government power.
We need to fight the battle for property rights at the state a local level, but lawyers and lobbyists can find wiggle room in any laws that are passed. We also need to begin a public dialogue on what kind of country we really want to become. Free enterprise and property rights is the foundation that helped to make this country great. The Kelo decision was a major shift of power from the individual citizen to the state.
