Eminent Domain
Eminent Domain. This is a classic example of a concept
which in theory should work but often fails in practice. Once upon a time,
when the Bill of Rights was being written in addition to the already written,
but not ratified, Constitution, the 5th Amendment was inscribed. One
part of this Amendment briefed about just compensation when government chooses
to acquire private property. Reverting back to today, just compensation
just seems like a pink elephant. This idea is used in eminent domain.
When government uses eminent domain, it generally has only two objectives:
to develop on the land or sell it to a corporation. Simply put, the government
operates like a business that has legislative powers. What is the incentive for
bureaucrats to buy private property at a just price? There isn’t any; they
would want the lowest price. And when we bundle this with the socioeconomic
system we live in – corporatism – then matters for citizens
owning private land only seem worse. If a private business wants to negotiate land
ownership with individuals, but no agreement is met, then the discussion should
end there. Instead, we see the business turn to the government for help, and
the government uses its demanding rhetoric to strip away the individuals
of their land – without adequate payment in return.
I am
not saying the 5th Amendment is a failure, but that just compensation
is difficult to incentivize unless the courts are present. Also, I am not
against businesses for taking advantage of government to increase their profits
as the nature of businesses is to increase profits in the economic system they
are present in. But I will say, to anyone and everyone who likes (mind
you I said likes, which means they actually enjoy) stripping away land rightfully
owned by private individuals without a fair payout, “Jesus could come through
that door and he’s not gonna help you” (Stanley Hudson from The Office).
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