Sunday, June 26, 2005

Politics in Eminent Domain

With the results of Kelo, there is the requirement that local and state level politics will have to force a definition and legal restraints to eminent domain. SimianBrain speaks to this in the linked article. I don't believe the first actions of the Kelo plaintiffs should have been political, but through the courts, which is where they went. Now it's time for the political options.

Let's consider though the problem with this. Governor Rowland of CT recently plead guilty on corruption charges related to real estate developers. This should be a major warning for the citizenry. Eminent domain cases where private property is handed through the politicians to a second private entity is just asking for corruption.

Corruption could come in many forms. Open seizure and handing over won't be the case ever. That will be a certainty. They'll make a plan and then try moving it through proper channels. If it fails, they will then have the threat of eminent domain to hold over the reluctant home owner. That threat could be enough.

Then there is the political support that these large companies could provide to the right politician. Not all layers of government have the same rules controlling funding. One should also consider that in local politics, it takes very small amounts of funding to alter who receives votes. Something as simple as name recognition can help certain politicians gain office. I'm not stating that it will happen, but I will say that the possibility is very likely.

The problem I have with the political solution is the difficulty that will probably be experienced. First there is the complacent public, which will slow the issue. Next is the politicians that are in office who will not want to legislate away a tax providing policy, nor lose control of a tool that they could use for control/power. Lastly, there would be a need to have this legislation emplaced at several levels in order to ensure protections from all levels of government.

This may be more difficult in some venues than in others.

UPDATE:
Seeking a more light hearted look at this BS, here are entries from Cox & Forkum and Curmudgeonly & Skeptical.

No comments: