Eminent domain abuses are cited

Is there abuse in invoking eminent domain to take over private property for public use?

A new study by the Institute for Justice documents that the government has taken or threatened to take by force more than 10,000 homes, businesses, churches and private land not for “public use,” such as a police station or post office, but for private economic development in the past five years.

“Public Power, Private Gain,” a five-year, state-by-state examination of eminent domain abuse, notes that California is one of the most active states in condemning properties for the benefit of private parties. As part of 23 projects between 1998 and 2002, cities and redevelopment agencies have condemned at least 223 individual properties for private parties and have threatened at least another 635, the study said.

Generally, large businesses are favored over mom-and-pop establishments; national chains over local businesses; and upscale condominiums over middle-class single-family homes.

The report is available online at www.ij.org.