The Limits of Property Rights : JRM's Commentary to the New York Times

kingmont2 - 6:43 AM ET June 24, 2005 (#1462 of 1462)

The Limits of Property Rights

The US Supreme Court decision on the Kelo case was most disappointing.

Eminent Domain should be limited to the Framers of the Constitution original intent and view.

Far too often Eminent Domain is used for the benefit of private institutions of great prestige, money and political influence to the detriment of the rightful property owners.

"a forced sale in which the seller is given appropriate compensation" as the NY TImes indicates is not a good enough reason to take someone's hard fought property rights. Of course the NY Times would feel this way as itself has been the beneficiary of the use of Eminent Domain.

Currently in New York City a similar fight is in the offing in West Manhattanville where Columbia University has decided that it will acquire certain properties through Eminent Domain id it cannot acquire it in the market place.

Fortunately the situtation here is not the an action or design of the municipality or the State, therefore the narrow scope of the US Supreme Court decision makes it unapplicable to the Columbia University efforts which are neither a City nor State plan but purely a private institutions desires and ambitions.

Additionally in West Manhattanville the community is strongly and heavily supportive of the property owners in danger of Columbia's actions and efforts to influence the State to use Eminent Domain for their private benefit.

The much vaunted 9000 jobs that Columbia's plan promised are hardly compensation enough for the community which will lose not only the loss of property taxes paid now to the City of New York as Columbia is a not-for-profit and will not pay property taxes or any other taxes at that, but most importantly the community will lose over 1200 jobs now filled by many local residents.

The greatest majority of the new jobs to be created by Columbia will be technical, scientific and academic, most residents of Manhattanville, Hamilton Heights and Morningside Heights will not be able to even qualify for those jobs leaving only low clerical and janitorial type-jobs to community residents if that.

Community Board 9 Manhattan firmly opposses Eminent Domiain for the benefit of any private institution and particularly for the benefit of Columbia University whose historical relationship with the community has been less than cordial.

Sincerely,

Jordi Reyes-Montblanc
Chair
Community Board 9 Manhattan
(212) 864-6200
e-mail: reysmontj@aol.com