property rights

...now browsing by category

 

Domain of Eminent Irony

Wednesday, January 13th, 2010

You reap what you sow.

That’s the lesson being taught to developers in Ozark, Missouri. A few years ago, a company called Hagerman New Urbanism benefited from Ozark’s use of eminent domain power to trample on the property rights of local citizens. The city shoved residents off their property. Hagerman got the stolen land.

But Ozark is unhappy with the progress of redevelopment. The city wants to pull the plug and give the land to somebody else. How can they, though? After all, Hagerman now “owns” the land. Right? Yeah, right.

The parties are in court fighting about whether the city owes money for the work done so far and other contractual matters. But judicial processes are long-winded and messy. And spending money is expensive. So the city is threatening to use eminent domain yet again. This time against the very developer who benefited from the first land looting.

Local activists like Jane Carpenter, who fought the original use of eminent domain, may appreciate the poetic justice here. But as a matter of principle they don’t support a new eminent domain grab. They say it would signal to businesses thinking of coming to Ozark to stay the heck away.

Good points. Still, I doubt that many folks in Ozark or elsewhere would shed any tears over Hagerman being forced to glug down its own poisonous medicine.

This is Common Sense. I’m Paul Jacob.

Bitterroot Water Ruling

Friday, January 8th, 2010

“Frankly, I’m an Obama guy . . . You hear these sort-of horror stories about the government is gonna take your property, or they’re gonna confiscate your ground, and I always thought it was some sort of libertarian gobbledy-gook. But in this case this is exactly what’s happening.”

That was Huey Lewis; this is the news: The Mitchell Slough, in the Bitterroots of Montana, is a century-old irrigation ditch. Newcomers to the area, including rocker Huey Lewis, worked on the slough to make it better for fish. Though farmers were at first skeptical, the redigging and unsilting made the slough better for agriculture as well as for fish.

But those fish are valuable. Other folks covet them.

In Montana, natural water bodies must be accessible to the public. So the recreation lobby took the slough’s owners to court.

At first, the historical facts of this man-made water system held sway. But the Montana State Supreme Court overturned all this, caving in to the intense political pressure to open up the slough to public access.

People with fishing rods may rejoice now, but their victory will be Pyrrhic. The fish and wildlife will degrade. Basically, Montana’s highest court unleashed what is called the “tragedy of the commons.” Public access of a common resource often leads to overuse, in this case, over-fishing. It’s sad news for Huey Lewis, farmers, fishermen . . . and fish.

This is Common Sense. I’m Paul Jacob.

Scurvy Tricks in Texas

Thursday, December 31st, 2009

It should be a truth universally acknowledged that your average crew of incumbent politicians in possession of a reform agenda must be in want of an actual reform.

Last summer, the Texas Legislature got hold of a bill intended to prevent abuse of the state’s eminent domain power. And legislators proceeded to mangle it beyond recognition.

The act of bad faith was quickly reported by the Institute for Justice, an organization that actively combats plundering of private property all around the country. IJ alerted supporters to the bill’s alterations, explaining how that at the very last minute, in a reconciliation conference, lawmakers dramatically weakened the measure.

Note, the weakening occurred after it had passed both houses in a much stronger form.

The bill’s point had been to prevent the use of eminent domain for private redevelopment. But the final language allowed lawmakers to confer eminent domain power to any private entity at any time, regardless of other language in the measure.

In November, voters eager for better protection of their property rights overwhelmingly approved Proposition 11, despite its lax provisions. Whether abuses of eminent domain will actually be curtailed as a result depends on the whims of lawmakers and the courts.

One thing is certain, though, were Texans to possess the right of citizen initiative they could act on their own to bring real reforms to the ballot.

This is Common Sense. I’m Paul Jacob.

Markets Without Mauling

Tuesday, December 29th, 2009

Bribery, insider deals, political influence — must this be how we do business?

No.

Horror stories abound, featuring developers and governments in dark collusion, grabbing stunned innocent persons’ private property. This corrupt, banana-republic way of getting things done hardly serves the public interest. It serves, instead, the dealmakers and the politicians. Not many others.

Is there any way to expand your business other than by unleashing unfriendly bureaucrats and politicians on people who possess what you want? Well, yes, there is.

Former ABC news correspondent - and now Fox Business channel star — John Stossel, observes that cities like Anaheim, California, have figured out how to allow development to proceed without systematically trampling on property rights. In Anaheim, zoning and other regulations have been relaxed, making it easier for businesses to go where they want to. But also easier to expand by staying where they are.

If an owner doesn’t want to sell his property to make way for a project, a developer must build around him. Despite this heretical reliance on voluntary cooperation and respect for the rights of others, however, Anaheim has not withered away.

Stuff still gets done.

Amazing? Not really. This was once the usual American way. It’s only become unpopular . . . with politicians.

This is Common Sense. I’m Paul Jacob.

Property Grab, Bad

Monday, December 14th, 2009

Good news and bad news. The good news is that a New York appellate court has ruled against the plundering of private property.

The court determined that New York State cannot use eminent domain to grab land for Columbia University’s expansion project. According to the ruling, assertions that the neighborhoods to be grabbed are “blighted” are mere sophistry, cooked up to justify a decision that had already been made — hardly a shocking revelation to longtime students of eminent domain abuse.

Property owners in the threatened area are jubilant about the ruling. Nicholas Sprayregen, an owner of self-storage warehouses who has refused to sell to the university, says he was “always cautiously optimistic.” But he also knew that “we were going against 50 years of unfair cases against property owners.”

Unfortunately, an appeal of the decision will be heard in the New York State Court of Appeals, the state’s highest court, which just ruled six to one that the state was justified in grabbing land to turn over to a Brooklyn developer for the so-called Atlantic Yards project.

Columbia already owns some 95 percent of the land they wanted for their multi-billion-dollar project. As Sprayregen notes, they could easily proceed without the 5 percent owned by the holdouts. But to avoid a little inconvenience, university officials seemed willing to violate the rights and destroy the livelihoods of others.

It’s sad.

This is Common Sense. I’m Paul Jacob.