My Washington Times Article Making the Case for Increasing Compensation and Procedural Protections for Property Owners Who Lose their Land to Eminent Domain
The Washington Times recently published my article on increasing compensation and procedural protections for victims of eminent domain. Here is an excerpt:
In last month’s column on eminent domain, I made the case for constraining eminent domain abuse by restoring constitutional limits on the range of purposes for which the government is allowed to take private property. Although the Fifth Amendment allows condemnations that are only for a “public use,” too often courts let government officials seize property for the benefit of powerful private interests.
But takings that violate public use constraints and victimize the poor and politically weak are far from the only problem with current eminent domain policy. Other abuses include the grossly inadequate compensation received by many owners who have their land seized and weak procedural constraints on eminent domain….
The Fifth Amendment specifically mandates that owners receive “just compensation,” which the Supreme Court has long interpreted as the “fair market value” of the property. In reality, however, studies show that most owners get less than that, especially less affluent owners….
Even full fair market value is often not enough to fully compensate owners for their losses. Many people value their property above what they could get for it on the market. Consider, for example, homeowners and small businesses who have been in the same location for years, and have longstanding relationships with friends, neighbors and cu
Article from Latest – Reason.com