Wilkie

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New Jersey Eminent Domain blog posts a good summary of the Robbins v. Wilkie case currently pending in the US Supreme Court:

The critical issue for Robbins and other property owners asserting their 5th amendment rights is whether they can do so without fear of retaliation by government officials. Many property owners affected by eminent domain are reluctant to speak out, fearing government retaliation, which may come in the form of code enforcement, health and safety inspections — all done with an objective to force them to give up their property rights for redevelopment before, or even resisting, the eminent domain process.

Very true.  Not all retaliation against property owners is as overt as what the BLM officials are alleged to have done to Mr. Wilkie, and government “payback” may take many forms.  When such behavior goes too far, the law should recognize that property owners may seek relief in…

Continue Reading ▪ Retaliation for Asserting Constitutional Right of Property

Steven Greenhut’s opinion piece at the Orange County Register, “The powerless have always been targets of eminent domain,” makes some good points about eminent domain abuse, and the recently-argued Wilkie case (regarding the right to be free from government retailition for defending a Fifth Amendment right), and is worth reading:

“Cities use code words,” explained Supervisor Chris Norby, a longtime foe of eminent domain abuse. “In the 1950s and 1960s, governments used the term ‘urban renewal,’ but critics knew that it was widely called ‘Negro removal.’ These days, we’re looking at forced gentrification,” as cities try to redevelop poorer areas into wealthy areas.

. . . .

Today’s code words and attitudes may be different than they were in the 1920s, but by giving government so much power to drive people off their land, we all are subject to the whims and rationales of officials. In the 1920s…

Continue Reading ▪ Eminent Domain Abuse and Retaliation