A recent U.S. Supreme Court decision on a land use case in Oregon took a big bite out of a city government’s ability to dictate land use without any compensation. But what about with just compensation-and exactly how much is just compensation?
The use of eminent domain, the "E" word as it is known around City Hall, is the cause of most battles today in Redevelopment projects. In the past, eminent domain was used almost exclusively for public facilities such as roads, schools, fire stations, hospitals. The first really big case of eminent domain for private use was Chavez Ravine for the Dodger stadium. The question seems to be can you pay people enough money so they feel whole again? In fact, thirty years later some of the people who were moved off that land still feel cheated.
A case that we all are familiar with is the Downey Community Hospital site on Brookshire. The old hospital was on 5th Street and following free market principles, a move was being planned to a larger property on Stewart and Gray. At that time the area between Brookshire and Patton south of the railroad tracks was considered a barrio and in fact was called Mexican Town. Our city fathers then had what they thought was a great idea to move the hospital location back closer to the center of town and "clean up", as in get rid of, what was deemed substandard housing. According to the law, all was done fair and square. The owners were paid "fair market value", all properly appraised. But what is fair market value when it’s your home, when it’s your memories, when it’s been your life. As justification you hear "it’s for the good of the people." The good of which people? Socialism is billed as being for the good of the people. Is it? Some of the families who were moved off the Brookshire site see it a different way. They were not made whole again and that seems to be the key. The money they got was not enough to put them in a comparable position. Many of them moved to the southern part of Downey and from their experiences have developed a deep distrust of government in general and Downey government in particular. It seems that unless it’s a totally voluntary sale, there is no fair market value by appraisal.
How do we as country take property, possessions, from one private individual and sell or give it to another for private use and gain? In the hospital case, there was plenty of land available for sale. The problem was the free market was not operating. A different agenda was in play. Such is usually the role of Redevelopment.
At some paint we have to take into consideration what is happening to people’s lives and how they are affected when they are forced to make moves that are contrary to their needs. When the individual is cared for, the people are cared for. When only the people are cared for, the individual will not be. Without the individual being protected there is no democracy, no freedom. For freedom to survive the purpose of government has to be caring for the individual first.