| Those of the libertarian bent are often accused by | | | | Motorsports Corp., owner and builder of Gateway |
| statists of overreacting to the predations of | | | | International Raceway went to the Southwestern |
| government. “We are the government,” | | | | Illinois Development Authority (SWIDA) in an attempt |
| they say, “our elected officials are only doing | | | | to have nearly one hundred-fifty acres of privately |
| the things we elected them to do, so what's the | | | | owned land condemned so they could build a parking |
| problem?” | | | | lot for their race track. In that case, the landowners |
| In many (even most) cases they may be right. We | | | | fought back and having survived several victories and |
| do tend to be a bit hypercritical of the machinations | | | | reversals, at last report, the Illinois Supreme Court |
| of our leaders, but not always. | | | | had found for the landowner. |
| If you want a glimpse into predatory government at | | | | These are big buck land grabs but the same thing is |
| its worst, take a look at what's going on in Alabaster, | | | | happening on a smaller scale all over the country and |
| Alabama. | | | | they are finally starting to generate some notice and |
| Alabaster is such a booming metropolis that I only | | | | some organized opposition. (See the Web site for |
| ever heard of it (until this week) as an occasional | | | | the Institute for Justice at [ under |
| reference in the old Pogo comic strip. So, what can | | | | “CASES,” the Southeastern Legal |
| the politicians of this little burg be doing that | | | | Foundation at and the Castle Coalition for more |
| threatens the nation? They are stealing private | | | | examples) |
| property. | | | | Then the unthinkable happened. The United States |
| There is a tool used by government in order to | | | | Supreme Court, in a decision known as “Kelo |
| acquire property for public use. It's called 'eminent | | | | vs. New London, CT” stuck a dagger in the |
| domain.' Briefly, it is a Constitutional way for | | | | heart of every American property owner when they |
| government to force property owners to sell land | | | | said that government agencies actually had the |
| (for adequate compensation, of course) that may be | | | | RIGHT to seize private property under eminent |
| necessary for the construction of public facilities such | | | | domain and turn it over to other private interests. |
| as roads, bridges, utility rights-of-way, etc. | | | | The United States Constitutional protection of |
| At least that's the way it was for the first two | | | | property ownership was destroyed by five black |
| hundred years of this Republic. Today though, the | | | | robed statists who see government power and its |
| political hacks in government have found a brand new | | | | ability to raise money as more important than the |
| way to define what the terms public and necessary | | | | rights of the people. |
| mean. They now say that additions or increases to | | | | The right of people to own private property that is |
| the tax base of a community or bringing in new jobs | | | | not subject to seizure on the whim of government is |
| can be viewed as contributing to the public good and | | | | a fundamental underpinning of any nation that claims |
| thus as a necessity. | | | | to be free. English Common Law asserted that right |
| In Alabaster, on one side, there is some land owned | | | | as early as the Twelfth Century and our Founding |
| and occupied by plain old citizens, some of whom | | | | Fathers used the Fifth Amendment to the U. S. |
| have lived there for nearly half a century. On the | | | | Constitution to guarantee that right to us. |
| other side, there is the Colonial Properties Trust, a | | | | Governments, big and small are now usurping that |
| development company, which wants to build a huge | | | | right any time they think there is tax money or |
| shopping center that includes a WalMart Super Store. | | | | political advantage to be had. |
| The problem is, some of the residents have no | | | | In one city, an area was declared to be blighted |
| interest in selling their property. They see no reason | | | | despite the fact that the homes were occupied and |
| why their lives should be disrupted just because a | | | | well maintained. In another, an entire neighborhood of |
| developer has chosen to build on their land. | | | | homes were condemned to allow the construction of |
| Enter the city government of Alabaster. | | | | a privately owned office park and “other |
| “You must sell,” they harumph. They | | | | unspecified uses.” In yet another, a county |
| insist that this project is “necessary” | | | | government condemned an occupied home, forced |
| because it will bring in many times the tax dollars of | | | | the residents out, then allowed the manager of a |
| the current residences. And if the landowners still | | | | nearby golf course to move in. |
| refuse to sell, the city will use its power of eminent | | | | The Christian Science Monitor's Alexandra Marks has |
| domain to condemn the land, force its sale at | | | | an article at describing more government property |
| extremely low prices and then the city will sell the | | | | predation and the sometimes bizarre stratagems |
| land to Colonial and the shopping center will be built. | | | | used to justify their taking, including a case where a |
| I wonder if the late storeowner of the people, Sam | | | | government agency condemned the property of one |
| Walton, is spinning in his grave at the thought of the | | | | small business so it could be transferred to another |
| power of the government being used to seize folks | | | | small business. |
| property to be used for one of his namesake | | | | If America's governments are allowed to continue to |
| stores? | | | | use (or abuse) their power in order to seize the |
| And just in case you think this is only an isolated | | | | property of American citizens for no other reason |
| instance, read on. | | | | than that they can derive political capital from the |
| In New York City, the venerable New York Times | | | | deal through turning the land over to those with |
| wanted to build a brand new headquarters in | | | | more wealth or political power, our nation, as we |
| Manhattan. They selected a block which contained a | | | | know it, will not survive. |
| number of established businesses and went about | | | | And it's not just state and local governments that |
| trying to convince the owners to sell. As in Alabaster, | | | | are involved. The Feds have taken millions of acres |
| AL, some of the owners didn't want to sell because | | | | of land so it can be “protected” from |
| they would be unable to relocate their businesses | | | | the very citizens that provide the tax money to |
| with the amount of money they were offered. In | | | | finance the seizures. It's time for the American |
| due course the NYT, having much political power in | | | | people to stand up to government at all levels and a |
| the City, went to the politicians, who dutifly | | | | great way to start would be to stop the |
| condemned the recalcitrant business's properties and | | | | unconstitutional and perfidious misapplication of the |
| turned it over to the Times. | | | | doctrine of eminent domain. |
| In East St. Louis, IL, the Gateway International | | | | © 2005 Charles Stone, Jr. |