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Eminent Domain - Full Video - YouTube
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[19]
The citizens have a
[20]
deep concern about
[22]
eminent domain being misused.
[25]
Well back up, we've never
[26]
taken anybody's home.
[27]
They were scared, they
[28]
were afraid, you mean we're
[30]
going to lose our job?
[32]
Abuses such as these happen and
[33]
it's important to understand that.
[35]
When they go home,
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that's their place of refuge,
[37]
that's their sanctuary.
[38]
That's sacred to them.
[42]
It should be over, but it's not.
[53]
A man's home is his castle.
[55]
Okay, I know it sounds
[56]
kind of cliche, but for anyone
[58]
who actually owns a home,
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it really is true.
[61]
Homeowners take great pride
[62]
in the fact that
[63]
they can do whatever
[64]
they want with their homes,
[65]
without interference
[66]
from anyone else,
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including the government.
[68]
But are they right?
[70]
In fact, there's something
[71]
in the Constitution called
[72]
"Eminent Domain," that gives
[74]
governments the power to
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take your property- even if
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you don't want to sell.
[81]
Eminent domain?
[83]
Define eminent domain?
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Eminent domain?
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I'm gonna let him speak first.
[90]
Like this is mine,
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right here, right now.
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Do you know what
[95]
eminent domain is?
[96]
Isn't that where the government
[97]
can take whatever they want?
[99]
Is that like M&Ms,
[101]
M&M's domain?
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Eminent domain is the concept
[106]
that allows government
[107]
to take property,
[109]
and pay you for it.
[111]
The Founding Fathers wanted
[112]
to create a nation of free people,
[114]
and they wrote the Constitution
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to protect individual rights
[117]
from government power.
[119]
The founders believed
[120]
that one of the most
[120]
important individual rights
[122]
is the right to own property.
[124]
But the Founders also made
[125]
an exception to this rule.
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The 5th Amendment to the
[128]
U.S. Constitution states that
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governments may take
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private property, but only
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under certain conditions:
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The property must be
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put to a public use,
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and the property owners must
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be provided just compensation.
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This practice is called
[141]
Eminent Domain.
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An example of this is
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the construction of the
[146]
Interstate Highway System.
[148]
Eminent domain was used
[149]
extensively whenever property
[151]
owners would refuse to
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sell their property
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to the government.
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Throughout most of
[156]
our country's history,
[157]
local governments have used
[158]
the power of eminent domain
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to take private property,
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in order to convert
[162]
the property to public uses,
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like schools, hospitals and roads.
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But in the 1950s, the city of
[169]
Washington, DC made plans
[170]
to use eminent domain
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for a different reason.
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The city wanted to force out
[173]
property owners, and tear down
[175]
old buildings and houses,
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in order to build a nicer community.
[178]
Some property owners objected,
[181]
arguing that this kind
[182]
of urban renewal project
[183]
was not a legitimate public use.
[185]
In 1954, the US Supreme Court
[187]
voted in favor of the city,
[189]
and Washington, DC officials
[191]
used eminent domain to
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rebuild the run-down
[193]
neighborhood from scratch.
[197]
Ever since then, governments
[198]
have used eminent domain
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for more than just public uses,
[201]
like roads and schools;
[202]
they've also used eminent
[204]
domain to transfer property--
[205]
from one private owner,
[206]
to another private owner...
[208]
...in the name of
[208]
economic development.
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I think a city has a responsibility
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to maintain their housing stock,
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and to make sure that people
[217]
live in good quality homes.
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Bruce Broadwater is a city councilman
[221]
and former mayor of
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Garden Grove, California.
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Redevelopment feeds on itself,
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I mean basically it pays itself back.
[228]
And it's just such a great tool
[229]
to use, and eminent domain
[231]
is a part of that.
[232]
Unfortunately, over the
[233]
history of our country,
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governments have taken to use
[236]
eminent domain for private uses...
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Steven Greenhut is a journalist
[239]
in southern California
[241]
who has written extensively
[242]
about eminent domain use.
[244]
...to take private property
[245]
from homeowners such as these,
[247]
and give it to big developers.
[249]
And "due process" means reading
[251]
about the project in the newspaper
[252]
after it's already been approved.
[254]
And "just compensation?"
[255]
Well, cities often
[256]
short-change the owners,
[258]
they give low-ball offers,
[260]
don't pay the lawyer fees,
[261]
They call it a tool in their arsenal,
[263]
which is kind of like
[264]
calling a machine gun put
[266]
someone's head a tool--
[267]
but that's the basic idea.
[269]
The use of eminent domain
[270]
is a delicate tool,
[271]
but it is a tool...and it helps
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keep a community clean,
[274]
it helps keep a community vibrant.
[275]
It's a good tool and definitely, I
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don't think it should be taken away.
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We're not talking about unsafe,
[281]
terrible neighborhoods.
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We're just talking about
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neighborhoods that some
[284]
developer might covet
[286]
to build something that pays
[287]
more in tax revenue
[289]
than is currently existing.
[291]
If you think eminent domain
[292]
sounds complicated,
[293]
you're right-- it is!
[295]
So let's look at how
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it works in real life.
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We met a few people
[300]
whose lives have been
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affected by eminent domain,
[302]
and found out how much
[304]
they care about their
[304]
homes and businesses.
[306]
To them, the idea of
[307]
property rights is more
[308]
than just a legal concept,
[309]
it's also very personal.
[313]
All across the country,
[314]
cities are using eminent domain
[315]
for redevelopment.
[316]
In Arcadia, California,
[318]
Manny Romero has owned
[319]
a popular 50s-style diner
[321]
for the past 10 years.
[324]
The city wants to use eminent
[325]
domain to tear down his diner,
[328]
so that a neighboring
[328]
Mercedes dealership can expand its
[330]
parking lot, which would
[331]
increase tax revenues for the city.
[336]
I've been coming to this
[337]
restaurant for about 50 years.
[343]
I've been in southern
[344]
California for 35 years.
[346]
I own Rod's Grill for 10 years.
[350]
The waiters, waitresses, cooks,
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they've been so good,
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you know, to not just myself
[355]
and my family, but to
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everybody else in Arcadia.
[358]
It's always been
[359]
kind of a family place.
[360]
I like their shakes,
[361]
their shakes are really good.
[363]
The city wants to see this torn down
[366]
and become a car dealership.
[368]
Because they'll get more tax money
[370]
from the bigger business.
[375]
The fundamentals of
[376]
eminent domain is it's
[377]
supposed to be only
[378]
for public use.
[380]
And then I realized that
[381]
the city is saying this is
[383]
to expand Mercedes Benz.
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And I said, "Wait a minute,
[388]
this is not the proper
[389]
way of using eminent domain."
[392]
And I told them I'm not
[393]
going to sell it because
[395]
they are not telling me
[396]
they want this property
[397]
to put a school, library or
[398]
any public service use.
[402]
They want it to tear down,
[403]
just so they can
[403]
park Mercedes Benz.
[405]
What about us?
[410]
The citizens of Arcadia
[411]
have a deep concern
[413]
about eminent domain
[415]
being misused.
[417]
I am in debt for a lot of money.
[419]
My savings is running out.
[421]
Most of my staff that is here,
[423]
has been here for a long, long time.
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All these people will be out a job.
[428]
I hope no one ever
[430]
has to go through
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what I've been going through.
[433]
This is America.
[435]
This is a country with free enterprise.
[438]
You have all the rights
[439]
to own your property;
[440]
your own home,
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your own business.
[442]
You have the right to build
[443]
your American dream.
[447]
Princess Wells owns a home and
[449]
business in the seaside community
[451]
of Riviera Beach, Florida.
[453]
Mayor Michael Brown and city officials,
[455]
are leading efforts to redevelop 800
[457]
acres of waterfront property
[459]
where Princess Wells and
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5,000 other people live.
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My house, we've lived there
[469]
for over 25 years.
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Hard work.
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Children.
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Love.
[477]
We built the house in
[478]
approximately 30 days.
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When you build it yourself, it's
[481]
awesome, it's important to you.
[486]
It's a nice, quaint,
[487]
middle-class neighborhood.
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We are like prime property,
[491]
you know, we are
[492]
so close to the ocean.
[493]
It's wrong to be able
[494]
to come out and take it,
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because I worked hard for it.
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If they take it by eminent domain,
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therefore they won't have to pay us
[500]
what our house is worth.
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And they can take
[503]
that same property- and
[504]
they can sell it for millions.
[507]
And I had no idea
[508]
that one day they'd just, would
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not want me to be here,
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just because I don't
[513]
have enough money!
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If redevelopment plans go forth,
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Princess Wells will lose her home,
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and her business as well.
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If I have to move my business,
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I'll have to do everything
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from ground level one,
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all over again.
[529]
Mayor Brown has stated that
[531]
they are going to continue
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and that they are not going to stop.
[537]
The threat of eminent domain
[539]
still looms.
[542]
Now let's take a look at
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the Susette Kelo case.
[545]
This case made it all the way to
[547]
the Supreme Court in 2005.
[549]
It sparked a huge debate about
[550]
the importance of property rights.
[553]
The case involves homeowner
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Susette Kelo and her neighbors
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versus the city of
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New London, Connecticut.
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When I first came here with the
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realtor, I walked in the front door--
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it was like I had been here
[565]
all of my life.
[568]
It was just an overwhelming feeling
[569]
when I walked in this place.
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In 1998, the city condemned
[574]
115 properties in order to
[577]
build a private health club
[578]
and office buildings to support
[580]
the development of
[581]
a local pharmaceutical plant.
[583]
Fifteen property owners
[584]
did not want to sell,
[586]
so the city used eminent domain
[587]
to seize their properties.
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There were--
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if I can count them--
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1, 2, 3, 4, 5, 6, 7, 8--
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there were 9 houses
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spanning this street here.
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Everybody knew everybody,
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if you went to work,
[602]
the neighbors watched your kids...
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and that's the way it was.
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In the spring of 1998,
[609]
the city of New London
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came out with a municipal
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development plan that said that
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the homes in the Fort Trumbull
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neighborhood would be
[616]
taken by eminent domain.
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They thought that they could
[619]
place something here that would
[622]
bring more taxes to the city.
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This was here,
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the penny candy store.
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And the grinder shop,
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this was the Chivals's deli.
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When this first started,
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there were 90 properties
[635]
in this neighborhood.
[638]
The first ones that sold were
[639]
the absentee landlords.
[641]
And then after that, they
[642]
went after the elderly.
[644]
It was the day before Thanksgiving,
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that they came to my house
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with a sheriff.
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And they handed my mom
[651]
the condemnation papers,
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basically condemning the property.
[654]
And this here is where
[655]
the Pascalini's lived.
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Mrs. Pascalini was
[657]
a hundred years old when they
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made her leave last summer.
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A hundred years old.
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And after that they came after us.
[665]
We bought billboards,
[666]
we wrote letters
[667]
to the editor,
[668]
put ads in the paper,
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we went door to door, we had
[670]
petitions, we went to Hartford,
[671]
we met with the historic people,
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we met with everybody-
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trying to-- not stop
[676]
the development, understand.
[677]
We never wanted to stop it,
[679]
we just simply wanted to stay.
[680]
He had an autobody shop.
[682]
They took that by eminent domain
[683]
-- they tore that down.
[684]
So, not only did he lose his home,
[685]
he lost his business as well.
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We fought for 9 long years.
[689]
And unfortunately, the
[691]
US Supreme Court ruled
[692]
against us, which I was
[694]
really shocked.
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They basically just stripped
[697]
everybody's property rights
[698]
away from them.
[699]
Eminent domain is supposed
[700]
to be used for your
[701]
typical, you know--
[702]
to build a school, a reservoir,
[704]
a police department,
[706]
you know, to widen the roads.
[708]
But not for economic development.
[710]
Now they're saying they
[711]
could take your property
[713]
if someone can generate
[714]
more property taxes than you.
[716]
Is that right?
[718]
Wherever we go,
[720]
we would be fortunate to...
[729]
...we would be fortunate
[730]
to ever find people, like
[732]
the people that were here,
[734]
in our lives again.
[735]
Surely good people.
[740]
With the whole country watching,
[742]
the Supreme Court made
[742]
a very controversial decision.
[744]
In a 5 to 4 split decision,
[746]
the Court upheld New London's
[748]
right to use eminent domain.
[750]
Justice John Paul Stevens
[751]
wrote the decision.
[752]
In it, he wrote:
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But four out of the
[775]
nine judges disagreed.
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They said that if
[777]
eminent domain can be used
[779]
for any public purpose,
[780]
then all property is at risk--
[782]
especially property owned
[783]
by poor people
[784]
without political influence.
[785]
Justice Sandra Day O'Connor
[786]
is one of the judges who
[787]
disagreed with this decision.
[789]
She wrote:
[809]
The Kelo decision was a
[810]
victory for city planners,
[812]
but many people believe
[813]
the decision gave the
[813]
government too much power.
[815]
You don't take stuff that
[816]
doesn't belong to you.
[817]
And that's the way
[818]
I was raised, that's the way
[819]
I raised my children,
[820]
and that's the way
[820]
most people think.
[824]
You don't take something
[825]
that doesn't belong to you--
[826]
and you certainly don't take
[827]
people's properties or their homes.
[829]
These are our homes.
[834]
So what about your home or mine?
[837]
Is everyone's home at risk?
[839]
The use of eminent domain
[840]
increased dramatically
[841]
after the Kelo decision.
[843]
At the same time, concerned
[845]
citizens across the country
[846]
began working to reform
[847]
eminent domain laws.
[849]
In fact, after the Kelo decision,
[851]
more than 30 states
[852]
placed limits on
[853]
eminent domain use.
[855]
We have to put property rights first,
[857]
we have to allow
[857]
people to be free
[858]
and live their lives
[859]
as they choose.
[860]
And the way to enhance older
[862]
neighborhoods--
[863]
and there are some crummy older
[865]
neighborhoods--
[866]
is to free the market.
[869]
There are people that
[870]
think that property
[871]
has more rights
[872]
than human beings!
[873]
There's no reason to let a
[874]
community become a sewer.
[875]
We've seen so much of that
[876]
throughout the United States.
[880]
As the debate rages on,
[882]
more and more Americans
[883]
are asking themselves
[884]
this basic question:
[886]
Who should make decisions
[887]
about how property is used?
[888]
The people who own the property?
[890]
Or the government?
[893]
So what do you think?
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