Property panic
10:46 PM PDT on Friday, June 24, 2005
Californians should not panic over the U.S. Supreme Court's ruling Thursday on eminent domain and redevelopment. State law provides homeowners a great deal of protection from developers and politicians.
The court's 5-4 decision in Kelo v. New London let a Connecticut city use eminent domain to bulldoze a residential neighborhood at the behest of a private developer. The Fifth Amendment bars government from "taking" private property unless it is for a public use. But the court majority said state law and local officials should decide when government condemnation is appropriate.
Fortunately, California has moved to protect land owners. The state in 1993 reformed the process government uses to condemn private land for commercial use. So while Thursday's decision was a disappointment -- many cities outside California no longer must declare an area blighted before they can seize property for redevelopment -- Californians enjoy more safeguards than do other Americans.
The 1993 law required that any land sought for redevelopment be located primarily in an urbanized area. It tightened the definition of blight, so that communities could not condemn private property merely to bring in a new set of owners that would generate more tax revenue. Instead, before seizing land for redevelopment, the area should feature, at a minimum, unsafe buildings, widespread business vacancies or a high crime rate.
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Online at:
http://www.pe.com/localnews/opinion/editorials/stories/PE_OpEd_Opinion_D_op_25_ed_land1.1c6471.html
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