June 25, 2005
Gamble et. al. v. City of Norwood, OH
Take a look at all these houses. All slated to be seized by eminent domain in Norwood, Ohio, so that developer Jeff Anderson can make room for a Crate & Barrel.
Anderson—who has $500 million in real estate holdings and his own private jet—asked the Cincinnati suburb of Norwood to condemn five (for now, but the number will expand) homes and small businesses so he can expand his complex of private offices, condominiums and chain stores. He asked and paid for the “study†Norwood City Council used to declare “blighted†the 99 perfectly fine buildings bounded by Edwards and Edmondson Roads—a charade that enables the City to condemn any and all land in the neighborhood. The Norwood “blight study†itself admitted that not one of the 99 homes or businesses in the area was dilapidated or delinquent on taxes. Not one.
This happened while Kelo as a court case was still pending. The supposed lawsuit, after the Kelo ruling, will go nowhere. But let’s look at this in light of Sandra Day O’Connor’s dissent:
Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms. As for the victims, the government now has license to transfer property from those with fewer resources to those with more. The Founders cannot have intended this perverse result. “[T]hat alone is a just government,” wrote James Madison, “which impartially secures to every man, whatever is his own.”
Citizen with disproportionate influence and power in the political process? Check. Transfer property from those with fewer resources to those with more? Check.
Just how in the hell does anyone think this is what the founders intended? This isn’t going to end, people. The groups trying to seize property aren’t going to quit anytime soon. Let’s make sure we at least keep shining the light on them.
Hat Tip: Coyote Blog
T. F. Stern's Rantings linked with State’s Right Issue, Not!!!
3 Comments
RSS feed for comments on this post.
Sorry, the comment form is closed at this time.
Brad, This is the same thing that is going on in Freeport, Texas. Instead of houses, it’s two shrimp businesses that bring in $ 40 million a year in shrimp sales. That deal has been under the table from the beginning. Within hours of the Supreme Court decision the city of Freeport filed papers to tear down the business. I hope a lot of people show up for the demolition and stand in the way. It’s time for physical protest. Check out TF’s blog called, “Let the Orgy Begin” to read the story. Click on the title bar and read the article in the Houston Chronicle about the whole ordeal. A pandora’s box has been opened now and I pray we can get it closed before it hurts a lot of people.
State’s Right Issue, Not!!!
There can be no Due Process of Law when the initial process of “blighting” or “condemnation of a property” is rooted in the desire to side step the natural market place of commerce …
That is a mighty fine looking “blighted” property.
You have done a nice job covering this Brad.
I have been so busy with a trial (no excuse), all I have had time to do is express anger and link to others. Good job.