One of the Fundamental rights that Americans consider unalienable is the right to own property. Over the years, we have come to accept that in special cases, the State has the right to take property for worthy public causes (build roads, bridges, etc). This is called the process of Eminent Domain.
More recently we have seen many cases where the State takes property from private citizens and gives it to another citizen for their use. The famous New London, CT cases several years ago ignited this issue. Now we see in New York the same taking of private property for private use.
In Auburn, New York, the city is threatening to invoke eminent domain to seize private property for a private hotel conference center, saying the public good outweighs the private property rights of some citizens.
"This is abuse, it's one case of eminent domain abuse," says Renee Smith-Ward, owner of a dog grooming salon, Wag'In Tail, that could be plowed down for the hotel's parking lot. "I don't believe it's right to take someone's property away from them for a hotel, for a private developer."
"These people just want to come in and steal it from you," says property owner Michael Kazanivsky, who says he has dreams to build a family amusement center on what is now a grass and rubble filled lot. "They're trying to take if from me," he says bitterly, "it's not right."
He told Fox News that he put his "heart and soul into it," and now "someone just comes and says 'I want that, give it to me or that's it!.. it's hell." The plan would put an $11 million, 88 room hotel on what is now a mixture of an abandoned building, and two businesses. The city says the center would anchor an annual music festival planned for that eminent domain would be used only if the developer and property owners cannot agree on a deal.
What do the politicians say?
"Eminent domain, no one likes it," concedes Auburn Mayor Michael Quill, a no-nonsense former Marine and long time former Fire Chief of the city, who has a photograph on this desk with former Governor Sarah Palin and Todd Palin. The Palins visited Auburn last summer, in commemoration of the 1867 purchase of the Alaska territory by U.S. Secretary of State William Seward, whose house is across the street from City Hall.
But it is Auburn's current land dispute that has caused so much controversy here, as Mayor Quill and other officials contend the benefits of the hotel project simply outweigh the concerns of the property owners.
Reread that again: "Mayor Quill and other officials contend the benefits of the hotel project simply outweigh the concerns of the property owners"
What gives elected officials the right to shred the Constitution and determine that a private citizens' property better benefits another private citizen.
What if they decide your car will benefit another person more? Will you let them take your car?
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