Chron criticizes eminent domain case
The Chronicle editorialists wrote the following today:
Municipal and county governing bodies frequently miscalculate or wildly overestimate the benefits of tax abatements and other incentives.
Besides that, individual taxpayers don't necessarily benefit from increased government revenues.
Sometimes the increased revenue proves insufficient to cover the cost of providing services to new development. Sometimes increased revenues are wasted on things other than essential services.
So, are they talking about METRO?
The Harris County Sports Authority?
Any number of toll-road authorities?
The Lee Brown Administration?
No. We rarely see the Chronicle make such arguments about local authorities. They are talking about a Supreme Court decision with which they disagree. Here is the crux of their complaint:
A majority on the court was convinced that the possibility of improving the tax base for the benefit of the wider community satisfies the Fifth Amendment's requirement that private property can be taken by eminent domain only for a public purpose.
That's not entirely accurate. The majority showed great deference to municipalities and states in their making the public purpose/public use determination. Personally, I think it's a bad decision, and would urge the Court to be far less deferential. But, some people would characterize my preference to apply Lochner-era reasoning to the matter as radical.
In any case, the Chronicle editorialists get it right in this conclusion:
In Texas, lawmakers would do well to pass restrictions on this distasteful form of eminent domain.
Indeed, that is precisely the remedy recommended by the majority. Let's hope the Texas legislature will take it up in the next regular session.
Further, let's hope the Chronicle's new regard for taxpayers and property owners continues to be reflected in editorials about local issues.
Posted by Kevin Whited @ 06/25/05 09:12 AM | Print |
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