Eminent Domain and the Homeowner

by Sherry Holetzky | More from this Blogger

07 Apr 2006 05:03 AM

What does Eminent Domain mean to you? It used to mean that the government had the right to take (usually condemnable) property, at a fair rate, to use it for roads, hospitals, or some other community necessity. Today it means you could lose your home if someone can make the government more money with your property.

News reports indicate that thousands of properties have been targeted in the past few years, and these are not instances where the land is needed to provide necessary improvements or services. These properties are being taken and given to others under the guise of "public good." Unfortunately, in many cases, the private good means more revenue through higher property taxes because larger homes, multiple-family dwellings, or bigger businesses are being built on the properties.

People are literally driven from their homes, some who have lived in the same home all their lives. Their memories, their investments of time, money, and hard work, and their families are being kicked to the curb for cash.

The government does pay homeowners for their property, but usually the assessment of "fair market value" is far less than the re-sale or replacement value of the home.

Eminent Domain is being abused and so is the Constitution, under the pretense of bettering "blighted" neighborhoods. Unfortunately, the term "blighted" can be interpreted loosely, and basically proposes that an area that can benefit from any form of improvement can be considered blighted.

If Eminent Domain names your community a blighted one, no home or property is safe under the Supreme Court ruling allowing overreaching and unconstitutional use of this tactic.

Some people are fighting back and refusing to give up their homes. Others are attempting to use Eminent Domain to acquire Justice Souter's property in order to build the "Lost Liberty Hotel," citing that doing so would be better for the community because it would create jobs and revenue. It probably won't come to fruition, but it may make judges and justices, who often sit in far more comfortable positions than average working class citizens, think twice when further deciding on the issue of Eminent Domain.

As homeowners, we all have the responsibility to speak out against such blatant abuses. Any one of us could lose our home to the "public good" if we sit quietly by. Visit Fox News to read about actual recent cases (scroll down to "It Could Happen to You" section). Contact your legislators if you agree that this cannot continue.

Learn more about Sherry Holetzky

Sherry Holetzky is a work at home mom and freelance writer. Married to her best friend, Sherry and her husband are raising their family in a quiet rural setting in the beautiful Ozark Mountains.

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mcmama (51978) 24 Apr 2006 07:20 PM

A great article on an important topic - thanks for letting people know about this important and legal abuse of power.

Sherry Holetzky (11404) 26 Apr 2006 12:49 PM

Scary, isn't it? Your article in Real Estate was excellent, Janet.