|
Taking liberties
RAY RING, HIGH COUNTRY NEWS, 07/24/06
We talked about some of the horror stories, where governments use eminent domain in questionable ways. But those are few and far between. What’s really going on, Echeverria said, is that, "The property-rights advocates have exploited Kelo to advance a broader anti-government agenda."
Libertarians and property-rights activists believe that a huge array of common government regulations on real estate, such as zoning or subdivision limits, "take" away property value. Therefore, they say, the government should compensate the owner, or back off. The extreme view of "regulatory takings" is really at the core of this campaign — not eminent domain.
The campaign to pass regulatory-takings laws began in the 1980s, when libertarians seized on the Fifth Amendment of the U.S. Constitution, which says: "Nor shall private property be taken for public use, without just compensation." They’ve tried to use Congress, state legislatures and ballot initiatives to pass laws that would treat most regulations as takings. Their first big win came in November 2004, when they persuaded Oregon’s voters to pass Measure 37. That initiative blew holes in the strictest land-use system in the country, allowing longtime landowners to escape many state, county and city regulations (HCN, 11/22/04: In Oregon, a lesson learned the hard way).
The impacts of Measure 37 have been delayed by court battles, and the libertarians are determined to turn the delays to their advantage. Before the fallout in Oregon can be fully understood, they are rushing to pass similar ballot initiatives in Montana, Idaho, Washington, Arizona, Nevada and California. While each initiative has its own sales pitch, they all deliberately tuck the notion inside the unrelated eminent domain controversy. The Los Angeles-based libertarian Reason Foundation mapped the strategy in a 64-page paper published in April, titled Statewide Regulatory Takings Reform: Exporting Oregon’s Measure 37 to Other States. It recommended pushing "Kelo-plus" initiatives, combining eminent domain reform with regulatory takings, to capitalize "on the tremendous public and political momentum generated in the aftermath of the Kelo ruling …"
The initiatives have titles like "Protect Our Homes," "The Home Owners Protection Effort" and "People’s Initiative to Stop the Taking of Our Land" — as if the government is about to come in with bulldozers to sweep everyone off their property. But here’s how the initiatives would work: If you could fit 20 houses on your land, plus a junkyard, a gravel mine, and a lemonade stand, and the government limits you to six houses and lemonade, then the government would have to pay you whatever profit you would have made on the unbuilt 14 houses, junkyard and mine. Generally, if the government can’t or won’t pay you, then it would have to drop the regulations.
| |
