Houston Chronicle financial columnist Shannon Buggs adds her voice to those calling for eminent domain reform in light of the Kelo decision. She uses her own home as an example of the type of situation in which a city might override the hopes and dreams of homeowners for the benefit of a private developer.

My Inner Loop home is a block away from urban blight.

To the west are duplexes and fourplexes in various states of disrepair, home to renters with little means to improve their housing situation.

My home also is a block away from urban renewal.

To the east are well-maintained, owner-occupied single-family homes, a renovated two-story that sold for more than $250,000 and a new house built on a long-vacant lot.

My husband and I decided to invest our money, time and energy in our neighborhood, with an optimistic attitude.

The blight to the west was a growth opportunity, not a sign of encroaching decay.

The stability to the east was proof that the neighborhood could and would grow in value.

All we would have to do was update and maintain our home, pay our mortgage and taxes and keep the property as long as we wanted it.

That's the wealth-building strategy known as the American Dream. But now I'm not so sure if my neighbors and I — or any other American not living in a high-priced enclave or an upscale suburb — will be able to fulfill our dream.

Yeah, that's right -- the American dream is dead. Or at least on life support until some developer decides to play Michael Schiavo with your plans for the future.

But Buggs notes that here in Texas there is a likely solution, in the form of a proposed state Constitutional amendment under consideration during the special session of the state legislature. Assuming it is adopted, the measure will be put before the people of Texas in November. Buggs offers some specifics for improving what is already a good idea.

By not setting standards for how municipalities determine what is blight and economic development, the Supreme Court is telling us to trust our elected officials.

That's a nice idea in concept, but a bad one in practice.

We, the people, need to make sure our voices drown out those of developers in the discussions about this ruling.

Bills in the Texas Legislature calling for a constitutional amendment prohibiting eminent domain from being used for the primary purpose of economic development are scheduled for hearings Tuesday and Wednesday.

If a bill passes in the special session, voters will then get their say in the Nov. 8 election.

Giving us a chance to voice our opinion on this issue through a vote is a good start.

The Legislature could also make sure that when economic development is cited as a secondary reason for taking land, governments:

•Only use it to reverse and retard blight.

•Define blight using statistically sound measurements.

•Submit economic development plans to citizens for comments before making commitments to developers.

•Include in economic development plans an analysis of how the people whose land is being taken will or will not benefit from the changes.

A majority of the Supreme Court may not have wanted to tell elected local officials what to do when they exercise their right to use eminent domain, but it is each citizen's duty to do just that.

Well done, Shannon. Here's hoping the folks up in Austin take these suggestions and incorporate them into legislation. And those of you in other states, push for them to be passed into law there, too. After all, any taking for economic development should have to meet an objective standard before it can be approved. And the people must be given a voice in determining that the change is one that we find acceptable.

After all, it will be our homes taken, our money used to do it, and it will be all done in our names. It is only right that such actions have our approval.

Posted by: Greg at 04:55 AM | No Comments | Add Comment
Post contains 678 words, total size 4 kb.