Most Americans would take umbrage at the suggestion that
they are serfs rather than citizens of the United States.
But that just shows how far removed from political
reality they are.
How many people would be surprised to learn that the
government can take their homes if it decides that some
other use of the property say, a Wal-Mart
will bring in more tax revenue?
No way! many people would say. Not in
America.
Well, as they say in Waynes World,
Way! Governments are doing this almost
regularly.
The most recent case to make the news is from Alabaster,
Alabama. A development company wants to build an
800,000-square-foot Wal-Mart shopping center there. Colonial
Properties Trust has been buying land from homeowners,
but it has run into a problem. Seven residents, occupying
12 acres, either dont like the price offered or
dont want to sell at any price.
In a free country this would leave Colonial Properties
with two choices: offer more money or find another
location.
Alas, in unfree America there is a third alternative: get
the government to take the land under eminent domain.
Thats what Colonial Properties requested. And now
the city wants to condemn the homes and order the owners
out. The government is saying to the them: sell at the
developers price or the city will take the homes
and pay even less.
To accomplish this, Alabaster has declared the homes
negative and blighted under its 350-acre
Urban Renewal and Redevelopment Project. But according to
the Birmingham Post-Herald, Its
not what most people would call a neighborhood threatened
by blight.
That doesnt matter. The citys politicians
want the land turned over to the developer. Why? Because
the shopping center will bring in more revenue than the
modest working-class homes do. And what about the
property rights of people like Brenda Hall who have lived
there so long? To hell with them.
The government doesnt put it that way, but it
amounts to the same thing. The city councilmen talk about
sacrifice. One said that in our society there is
give and take. Yes, the owners give and the
nonowners take. That used to be called theft
Another councilman said, Sometimes the good of the
many has to outweigh the greed of the few. As radio
talk-show host Neal Boortz pointed out, Hitler
couldnt have put it better.
Undoubtedly, some people will say that the land is not
really being stolen because the government has to pay for
it. It is true that under the Fifth Amendment to the U.S.
Constitution, government has to pay what is called
just compensation when it takes private
property. But the Fifth Amendment says private property
can be taken only for public use. Private
stores and higher tax revenues are not what the Framers
meant. (Taking property even for a government road
conflicts with individual rights.)
Moreover, its not compensation, but consent, that
makes a sale legitimate. In a forced sale there can be no
just compensation. Rape is rape even if the perpetrator
leaves some money for his victim.
Another evil that arises from this and similar cases is
the bad name given to private enterprise. The free market
is based on private property. Morally, Brenda Hall has
the same right to her home that the largest corporation has
to its buildings. When shopping centers are built on land
stolen by politicians, its not private enterprise
its a subtle form of fascism. Such
government-business conspiracies against property owners
must stop. Right now no one is safe.
Sheldon Richman is senior fellow at The Future of Freedom Foundation, author of Tethered Citizens: Time to Repeal the Welfare State, and editor of Ideas on Liberty magazine. Send him email.
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