The United States constitution gives explicit rights to the government to seize private property for its own public use (with just compensation of course). This is called Eminent Domain. Historically this right allowed for the seizure of property in order to construct essential facilities such as, schools, roads or police stations. It is clear that this government right was beneficial and probably somewhat necessary in many cases around the United States.
In these modern times however, more and more cases of unjust or abusive uses of Eminent Domain are being publicized. It is becoming increasingly common for the government to sell lots, homes or retail stores to private companies to be demolished and redeveloped for 'Urban Renewal.' This could include shopping malls, hotels, or sports stadiums with the justification that it will create jobs and stimulate the economy of the community. In some cases, home and landowners receive just compensation from the government for their property and the deal is fair. In other cases though, communities of color or low-income are targeted for these redevelopment projects. They are forced out of their homes and receive no compensation on the grounds that the property is "blighted" or in disrepair. For an excellent example of how a poor neighborhood was subjected to this lawful abuse one can visit Montgomery, Alabama.
http://www.youtube.com/watch?v=rct8IeklcGQ
Ironically the city that was at the center of civil rights debates almost 60 years ago is once again faced with injustice, this time directed at the places that residents live. Rather than focusing energies and money on reviving the neighborhood through community organizing and shared decision-making, the land is being condemned and sold to private developers, leaving Montgomery citizens with very little power or voice. The situation in Alabama is almost identical to situations all over America. There are a vast amount of cases of this type of encroachment of property rights, using the excuse "Eminent Domain." Although there have been a few Supreme court cases that have been in favor of property owners and recognized the abuses of Eminent domain, there hasn't been anything that also incorporates it as a social and racial place-based issue as well. Affected citizens must continue to redefine this struggle as one of social, racial and environmental injustice in order to represent their concerns and needs as community members.
for more hefty information about the issue visit: http://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=1002&context=lawreview
No comments:
Post a Comment