The Right Way to Deal with Blight

Missouri First, an organization "dedicated to the sovereignty of Missourians," posted an essay by Ron Calzone to its website last week about the use of eminent domain to deal with blight:

Too often, government, or some private entity it has bestowed with eminent domain powers, further injures the rights of the neighbors by designating whole areas “blighted”, and then taking the good properties along with the bad from unwilling owners! Other times nothing at all is done about blight because no developer has come along to take on the project. Either way, the neighbors are left victims of blight.

Instead of abusing their eminent domain powers, local governments should pursue their “principle purpose” of securing the rights of those neighbors by using the power that is designed to protect them – that power is the police power. That's the power that has been used to deal with this sort of problem for centuries in English common law and in our own country through the enforcement of nuisance laws. Can't these powers be abused, too? Of course they can, like any other power the government has, but it is a good start to at least use the right power to solve the right problem. Safeguards against abuse of nuisance laws can be tailored to those laws.

The eminent domain debate seems to focus on how the definition of blight should be changed to minimize abuse. But as Calzone points out, the problem isn't with the definition of blight. Rather, the problem is that the concept of "blight" has allowed the state to use its eminent domain powers in cases where it really should be using nuisance law instead.

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