Will SCOTUS Take on New York’s Latest Eminent Domain Scam?
What happens when the government lies about why it’s seizing your land? That’s the central issue in Brinkmann v. Town of Southold, a case being considered by the Supreme Court.
Property rights are inextricably connected to economic security and community. Property gives people a space to raise families, build communities, start a business, practice their faith, and debate their views. This is especially true for disfavored groups most vulnerable to the wishes of a hostile majority. But as with all constitutional rights, property rights exist only to the extent our courts protect them.Â
The Fifth Amendment was one of the ways our nation’s founders sought to protect property rights. Its Takings Clause restricts the government’s power to seize land through eminent domain, requiring that any taking be “for public use.” But what happens when the government lies about why it’s taking land, feigns a public use, and a judge blindly accepts the government’s reasons?
Consider Bruce’s Beach, a black resort in Manhattan Beach, California, in the early 20th century. Mere decades after emancipation, Willa Bruce and her husband moved to Los Angeles to earn a living by operating a small seaside business. They purchased a parcel in 1912 and opened a retreat where guests could buy soda and lunches, rent bathing suits, and swim.
Within a week of opening, white neighbors and local officials grew agitated and harassed the guests. Despite the challenges, Bruce’s Beach flourished, expanding from a modest portable cottage to a two-story brick building to accommodate the growing number of guests. Inspired by its success, other black families also began purchasing property in the area.
As opposition increased, Bruce stood firm. “I own this land,” she said. “And I am going to keep it.”
Out of options, Manhattan Beach officials resorted to eminent domain to force the Bruces out of business. To justify the seizure, the city fabricated a “public use,” claiming the land was needed for “public park purposes.”
Public parks are a valid public use, but this park was a mere pretext. In the three decades that followed, no park appeared on the land, but the Bruces—and
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