Yesterday, the Supreme Court decided not take up an important takings case, the infelicitously titled 480.00 Acres of Land v. United States. As I blogged previously, Cato filed an amicus brief in the case in the hopes that the owner of the “480.00 Acres of Land,” Gil Fornatora, would ultimately receive the “just compensation” to which he is constitutionally entitled. The Court also missed the chance to correct the pattern of due process abuse that is apparently rampant in Florida. The case involved the federal government maneuvering to unjustly drive down property values before taking land for (legitimate) public use — in this case expanding the Everglades — thus greatly diminishing the compensation it was obligated to pay the owners. Fox News recently had a report about the case, in which I briefly appeared.
Interestingly — and sadly – since the Fox News report, my voicemail and email inbox has been receiving story after story of individuals who have experienced injustices similar to that of Mr. Fornatora. While it is unfortunate that this case has come to an end, the number of calls and emails leads me to believe that more cases like this will be making their way through the federal judiciary and that, eventually, this abuse will be halted.
To that end, while Cato does not involve itself directly in litigation, on the subject of takings and eminent domain abuse I can certainly recommend our friends at the Institute for Justice and Pacific Legal Foundation. Specifically on the type of “condemnation blight” at the heart of the Fornatora case, feel free to contact PLF’s Atlantic (Florida) office at (772)781-7787 or write to Pacific Legal Foundation, 1002 SE Monterey Commons Blvd., Suite 102, Stuart, FL 34996. Steven Gieseler was the attorney who presented the Fornatora case to the Supreme Court, and who got me involved.
In other eminent domain news, George Will had an excellent column on January 3 condemning the pernicious Atlantic Yards land grab.
CP: Cato's blog
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Excellent organizations fighting eminent domain, like the Institute for Justice/Castle Coalition, do not deal with the "taking" power of government where public utilities and energy companies are concerned (because of the "public good" argument).
In that sense, property owners have to educate themselves, talk to their neighbors and saddle their own horse.
You are right about seeing more eminent domain cases; but perhaps for a different reason. New York and Pennsylvania, among other states, will see many more eminent domain "takings" thanks to the rising interest in natural gas drilling in the gas-rich Marcellus Shale.
With more drilling comes more pipelines and more underground gas storage fields -- and that (pipelines & storage fields) always means eminent domain.
For example, here is a link to a recent Pittsburgh Tribune-Review report on pipeline expansions in Western Pennsylvania. The headline says it all: "Texas Eastern Transmission's tactics leave landowners feeling bullied."
Link: http://www.pittsburghlive.com/x/pittsburghtrib/business/s_660468.html
But property owners can fight back. Our two-year battle against Houston-based Spectra Energy which seized our property rights for an underground gas storage field led to the development of a website which has begun to attract whistle blowers inside the energy industry.
We are collaborating and helping property owners in many states. For info, visit the site: Spectra Energy
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