Monday, January 4, 2010

George Will vs. eminent domain abuse

From syndicated columnist George Will in the Washington Post:

On Aug. 27, 1776, British forces routed George Washington's novice army in the Battle of Brooklyn, which was fought in fields and woods where today the battle of Prospect Heights is being fought. Americans' liberty is again under assault, but this time by overbearing American governments.

The fight involves an especially egregious example of today's eminent domain racket. The issue is a form of government theft that the Supreme Court encouraged with its worst decision of the past decade -- one that probably will be radically revised in this one.

The Constitution says that government may not take private property other than for a "public use." By "public," the Framers, who did not scatter adjectives carelessly, meant uses -- roads, bridges, parks, public buildings -- directly owned or primarily used by the general public. In 1954, however, in a case concerning a crime- and infectious-disease-ridden section of Washington, D.C., the court expanded the notion of "public use" to include removing "blight."

Since then, that term, untethered from serious social dangers, has become elastic in the service of avarice.