Dorothy Brush "Random Thoughts" Published Feb. 25, 2004

Use eminent domain for good

The first time I heard the term eminent domain was as a young adult. My aunt and uncle's farm was under threat and about to be seized by the government under the power of eminent domain. Very simply, eminent domain is the power of the government to take private property for public use without the owner's consent. Legal literature in the 17th century discussed eminent domain and added that compensation should be paid. The 5th Amendment of our U.S. Constitution provides, "nor shall private property be taken for public use without just compensation."

The farm in question covered many acres and had belonged to the same family for generations. The empty log cabin built by my uncle's ancestors stood on the land and was a visible reminder for the entire community of earlier hardy pioneers. Following World War II the government was looking for land, lots of land, to use as a retirement home for army tanks. They settled on this family farm and negotiations began. In many cases the property in question moves through the legal process with no problem, but in other cases there are memories that no amount of money can replace and that was true in this case.

As a young married couple my aunt and uncle received this land from his family and they spent the rest of their lives there. Two sons were born but the younger one died of pneumonia at age 7. He died at home and his tiny casket stood in the living room. Happier scenes were remembered in the dining room where every summer threshers gathered around the long table groaning under the weight of many dishes of home cooked food.

More memories outside in the huge red barn where the dairy cows were hand milked twice a day. There was a special stall for the bull in residence. There were pigs and chickens whose nests provided eggs to be gathered each day. Because I spent so much time with my favorite aunt on the farm these are my memories and I know she had many, many more.

It was a losing battle and finally the farm belonged to the government. There is no doubt that legally the monetary settlement was more than fair but money cannot erase the deep emotions after a great loss. My aunt had been blessed or cursed with clairvoyance. I believe it was the first and only time she unconsciously used that strange rare gift to express her feelings. After the army officer named to head up the tank farm and his family moved into the house a strange thing happened. The door bell rang at odd hours of the night but there was never anyone there. An electrician was called in but he found nothing wrong with the system. Our family knew the answer.

There is a fine line in the power of eminent domain. Taking private property for the true public good is the traditional meaning but governments seem to be getting more aggressive. The meaning has been expanded to include private economic development using the argument that jobs would be provided and tax revenue would be increased.

According to a recent report by the Institute for Justice, from 1998 through 2002, 10,000 cases nationwide were investigated and outrageous abuses of the power of eminent domain were found. All of these cases involved transferring property from one private landowner to another.

Eminent domain is a powerful tool and should be used only for the public good.

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Dorothy Copus Brush is a Fairfield Glade resident and Crossville Chronicle staffwriter whose column is published each Wednesday.