Town Votes to take Walmart Land by Eminent Domain
Tuesday night, during a sometimes raucous meeting, the city council voted unanimously to take Wal-Mart's land by power of eminent domain. It's a power the Supreme Court affirmed for municipalities in a controversial New London, Conn., ruling, in which the city wanted to take private property for a commercial development.
The Hercules, Calif., land in question consists of a 17-acre stretch next to new homes, offering a view of the San Pablo Bay. The city did not want Wal-Mart to be the centerpiece of its planned waterfront.
While I am not a defender of Walmart, I do support it as a Capitalistic Company, something this Country is founded on, Capitalism. Many flock to our shores for the American Dream, to ern a better life, to perhaps open their own business, to be their own bosses - Captilalism.
Unfortunately this is the door that the Supreme Court has opened, it started small, the ability of Federal and State Governments to take land for use for public projects (roads, overpasses, ect) ro to take over condemned buildings that are rotting away to use the land for other projects.
Then we moved on, again thanks to the Supreme Court, to taking away private property of individual homeowners to give to other private owners to use to put businesses or Condos, as long as it makes more money for the city than the individual Private Homeowner.
Now we have moved to the next stage of if the city doesn't like your business, like Walmart (which they gave the permits and agreed for walmart to buy the land), they will take hte land by force through Eminent Domain, not because it is condemned or a blight, not because the land is a health hazard, but because they want the land so they can have a better VIEW of the bay.
No one has ever used eminent domain to stop Wal-Mart, and in an ironic reversal of roles last night, the company's spokesman cried foul at the town meeting where it reclaimed the land.
"It's not right to take private property for political purposes," said Wal-Mart spokesman Kevin Loscotoff.
Still, some legal analysts said this strategy could be used elsewhere.
"I think it's an important precedent for towns across the country that are trying to maintain some control over what their actual physical makeup is going to be," said David Barron, a professor at Harvard Law School.
Wal-Mart has never gone away quietly, so this could be the start of a battle for the California town.
He is right, this will set precedent for any town that does not like Walamrt, or activist to pressure City and State Governments to try and take Walmart's Land.
So, not only is your Home up for grabs if the City, State or the Federal Government so wishes, but so is your Business.
Answer.com - Eminent Domain Meaning and more on the Eminent Domain HERE
Federal, state, and local governments may take private property through their power of eminent domain or may regulate it by exercising their police power. The Fifth Amendment to the U.S. Constitution requires the government to provide just compensation to the owner of the private property to be taken. A variety of property rights are subject to eminent domain, such as air, water, and land rights. The government takes private property through condemnation proceedings. Throughout these proceedings, the property owner has the right of due process
See Sanity's Related Topics:
Eminent Domain vs Unpopular Companies
Eminent Domain - a Blight on our Constitution
Eminent Domain - Pandora's Box Opened