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Kelo: One Year Later

Today marks the one-year anniversary of the Supreme Court's appalling Kelo v. New London, which give the green light to eminent domain abuse. The Show-Me Institute has been working hard to highlight how the decision (and our legislature's refusal to tighten state law) have opened the floodgates to further abuse of property rights.

The Institute for Justice also is releasing no less than five reports highlighting the fallout of the Kelo decision. And the Cato Institute has a new book out.

The decision electrified the property rights movement around the country. Unfortunately, the opponents of reform have proven very skilled at obfuscating the issue and misdirecting public attention. As a result, in many states, including Missouri, property rights are nearly as vulnerable today as they were a year ago. It's important that we keep pressure on our elected officials until they enact meaningful reform that protects all Missourians from eminent domain abuse.

Rally for Property Rights Tomorrow

MEDAC will be sponsoring a rally in front of city hall tomorrow, Friday, June 23, to mark the one-year anniversary of the Kelo v. New London decision. The demonstration will begin at 11:30 at the St. Louis city hall, at the corner of Market and Tucker.

Eminent Domain Legislation in St. Charles

The Post-Dispatch reports that St. Charles has passed new restrictions on eminent domain:

Under the St. Charles measure, property could be condemned to make way for a shopping center or some other tax-producing project only in limited situations - such as when there is "a harmful or unproductive use of land."

As examples, the bill cites abandoned property, public nuisances and structures beyond repair or unfit for habitation. Also allowed would be the forced buyout of property with at least a 50 percent decline in assessed valuation over two years or nonresidential buildings lacking a business license for a year.

Eminent domain also could be used to acquire residences occupied by renters, whatever the condition of the buildings. The measure, which was approved on an 8-0 vote, would continue to use existing standards of condemnation to obtain land for public purposes such as building roads, parks and sewers.

That sounds like an improvement over the status quo, but falls far short of the goal of ending eminent domain abuse for private profit. And it sounds like there are still plenty of loopholes.

Eminent Domain Abuse in Arnold

The Show-Me Institute has another article about eminent domain abuse, this time in Arnold:

One of the property owners the city wants to displace is dentist Homer Tourkakis. He and his wife Julie have put down roots in Arnold. They've been in the city since 1985, when they started the practice in the Arnold Triangle. They've spent the last 21 years forging friendships and attracting clients from all over Jefferson County. They also raised two daughters, both of whom are now in Missouri colleges.

"When I heard about the city's plans, I had a lot of concern and consternation," Tourkakis said. "I was ignorant about eminent domain and all the ramifications, and the power that was available to the city. I still looked at the world through rose colored glasses. I thought the city council would be there to defend me. It didn't take long for me and other business owners to realize that like it or not, this thing was going to happen."

On September 16th, 2005 the city voted in favor of giving Overland-based developer THF Realty $24 million in tax breaks and the authority to condemn the homes and businesses of property owners who refused to sell.

Tourkakis and his neighbors protested the plan. "I didn't want to be part of this development program," said Tourkakis, "I didn't want to have to dip into my savings and start all over again."