How can eminent domain be abused

Their beloved neighborhood was not blighted and it certainly was not for sale. But in the wake of that decision, 44 states reformed their laws to restrict the power to condemn property for private development. And since Kelo , the Institute for Justice has been instrumental in saving over 16, homes and businesses through grassroots activism. Check out some of our success stories. If you are a victim of eminent domain abuse, know that you are not alone.

We are here to help you organize your community and fight with you. We have a wealth of resources that we can provide you with to effectively fight the condemnation of your home or business. Activists nationwide have used this guide to successfully fight illegitimate land-grabs. In the early s, a real estate company in Hurst, Texas expanded its private mall to over homes.

The city used eminent domain to remove the homeowners, but a handful of them resisted the offers and filed lawsuits. The judge overruled their claims and forced them off of their land. In , the U. In , the Iowa Supreme Court allowed the Iowa Utilities Board to condemn privately owned farmland and displace families in order to construct the Dakota Access pipeline.

Bailey about a block away, and from what I understand it's gonna be a new building, new equipment, moving expenses and everything set up for him," says Lenhart. Bailey is gonna get hurt. This place was built in as a brake and front-end shop," says Bailey. And he told me, 'No, there ain't room for you there. We're gonna let the city just take care of you,'" says Bailey.

Lenhart admits that he never tried to negotiate with Bailey: "It happens all over the country. In practically any town you want to go to, they're redeveloping their town centers. Now, we are going to sit in Mesa, Arizona and have our town center decay? As a citizen of Mesa, I don't want that to happen. But Bailey says his business was on private property, and not for sale: "If I'd had a 'For Sale' sign out there, it would have been a whole different deal.

And for them to come in and tell me how much my property's worth and for me to get out because they're bringing in somebody else when I own the land is unfounded to me. It doesn't even sound like the United States.

The world's most prestigious newspaper wants to build a new home on that block, but Stratford Wallace and the block's other property owners didn't want to sell. Wallace told 60 Minutes that the newspaper never tried to negotiate with him. Instead, The Times teamed up with a major real estate developer, and together they convinced New York State to use eminent domain to force Wallace out.

By declaring the block blighted. But New York State's Supreme Court disagreed and ruled that the newspaper's new headquarters would eliminate blight - and that even though a private entity The New York Times is the main beneficiary, improving the block would benefit the public.

Most of their neighbors have agreed to sell if the project goes ahead. But the Saleets, plus a dozen others, are hanging tough. But I guess I just leased it, until the city wants it," says Jim Saleet.

This is my dream home. And I'm gonna fight for it. In Mesa, Ariz. The week after this report aired, Arizona's Court of Appeals ruled that turning his land over to a hardware store would not be a proper use of eminent domain.

The courts began authorizing a slight expansion of the power when they allowed private companies like railroads and public utilities to take property for the laying of railroad tracks and transmission lines—but these companies were tightly regulated and had to provide the public equal access to the rail lines or utilities.

In this case coming out of Washington, D. In addition, many state supreme courts adopted the rationale of Berman, reading their public use clauses the same way.

Continuing down this slippery slope, governments began to bypass the charade of declaring an area blighted and instead used eminent domain to take homes and businesses so that the land could be given to other private parties who the government believed would produce more tax revenue than the current owners.

In the Poletown decision, the Michigan Supreme Court allowed the City of Detroit to bulldoze an entire neighborhood, complete with more than 1, residences, businesses, and numerous churches, in order to give the property to General Motors for an auto plant.

This case set the precedent, both in Michigan and across the country, for widespread abuse of the power of eminent domain for private development.