-Caveat Lector-
------- Forwarded message follows -------
July 23, 2001
Refusing to Let Go, Property Owners Test Eminent
Domain's Limits
By LAURA MANSNERUS
NEW LONDON, Conn., July 19 � The owners of
the last houses amid the scarred and weedy lots of
Fort Trumbull ask only to stay there while the
city of New London realizes its dream of office
buildings, apartment clusters and other upscale
development rising in their neighborhood.
But when the seven property owners go to Superior
Court here Monday, they will challenge a larger practice
that needy cities everywhere have latched on to: using
the power of eminent domain, or condemnation, to force
property owners to turn over their land to private
developers.
Such redevelopment projects promise jobs and tax
revenue in places, like New London, where private
investors are hard to find. And that reasoning has
generally satisfied courts that are asked to decide
whether displacing one private property owner on behalf
of another would, as the Constitution requires, serve a
"public use."
But the New London case poses the question of whether
this principle has any limits. And Matt Dery, whose
family has owned houses in the old Italian-American
neighborhood of Fort Trumbull since 1901, thinks it
does. Mr. Dery acknowledged the sad condition of his
city, the fourth poorest in Connecticut. But he asked:
"Anybody who can make more money gets the property? I
don't think that's what the founding fathers had in
mind."
Full story at:
http://www.nytimes.com/2001/07/23/nyregion/23SEIZ.html
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guarantees but by the moral principle implied in those guarantees.
That principle is that men may not use the facilities of liberty to
impair them. No man may invoke a right in order to destroy
it. - Walter Lippmann
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