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Eminent domain means your home can be their castle

August 20, 2016

 By Debra J. Saunders : sfchronicle – excerpt

As mayor of Oakland in the 2000s, Jerry Brown supported redevelopment. Then he returned to the governor’s office in 2011 and inherited a $25 billion budget shortfall. Feeling the squeeze, Brown saw an opportunity to make $1.7 billion by eliminating redevelopment agencies and shifted. He liked redevelopment as mayor, he explained to the League of California Cities, but also: “I didn’t quite understand it. It seemed kind of magical. It was the money that you could spend on stuff that they wouldn’t otherwise let you spend.”

In Sacramento, fiscal restraint can only last so long. The urge to “spend on stuff” is back. Last year, the Legislature passed a measure with bipartisan support to restore redevelopment. The governor signed the bill, which took effect this year. Already the Legislature is working to expand rules to allow local officials to green-light pet projects more likely to enrich powerful interests than benefit the communities the policy is supposed to serve.

Small businesses, beware. In 2005, the U.S. Supreme Court ruled that “economic development” constituted “public use” in its infamous Kelo decision, which allowed governments to seize private property for private development. (The state or local government derives its power to take private property for public use in return for just compensation from the right of eminent domain.) The Kelo ruling emboldened cities like Oakland to seize private property at bargain prices to accommodate tony private development. The targeted property didn’t even have to be blighted — the traditional rationale for urban renewal projects. It just had to be in the way… (more)

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