13 novembre, 2006 18:18
NY developer Howie Rich defeated at the polls
By John O'Donnell
11/10/2006 at 9:27 AM ET
Although the measures differed in some detail, each would have required the state or local government to compensate owners for the loss of property value caused by new laws or regulations – for example, zoning changes or environmental controls.
Howie Rich buried the takings provision in measures that also would limit the ability of state and local governments to force owners to sell property unwillingly to the government. That process is called "eminent domain" or "condemnation."
Last year, Howie Rich and his allies got a boost from the Supreme Court when it affirmed the right of state and local governments to condemn private property and turn it over to developers. That decision, in Susette Kelo, et. al., Petitioners v. City of New London, Connecticut, et. al. June 23, 2005, sparked an instantaneous backlash, prompting 26 states to adopt legislation limiting the use of eminent domain.
In 2006, a Libertarian think tank, the Reason Foundation, saw the possibility of capitalizing on the Kelo outrage to accomplish far more dramatic change. The think tank recommended "Kelo-plus" campaign that would offer voters a chance to prohibit certain uses of eminent domain but would also impose severe restrictions on governments’ ability to enact regulations, like zoning, without offering compensation.
Soon, an army of paid canvassers began gathering signatures for ballot initiatives in eight Midwestern and Western states.
Tuesday’s defeat for Howie Rich was a major victory for those who value environmental preservation and control of sprawl. The question now is whether Rich will take the lesson to heart or pour more millions into similar efforts in 2008. If he does, opponents will not only have the ravages of Measure 37 in Oregon to cite. They will also have evidence provided by the workings of Arizona’s Proposition 207, which will almost certainly give us another case study on the damage done by measures depriving society of the ability to restrict development.
