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http://www.strike-the-root.com/3/machan/machan4.html

A Bit of Good News on 60 Minutes

by Tibor R. Machan

Often I am told that my observations are negative, and
that's true.  I protest the loss of liberty.  But
behind that lies my most positive idea, namely, that
free men and women are better at solving problems than
those in chains ­ even in chains that are quite long.

This time, however, there is some good news.  Mike
Wallace surprised me with a segment on Sunday's,
September 28th, 60 Minutes on CBS TV, one that exposed
without much mercy the dastardly way governments make
use of eminent domain.  This is the legal provision
governments use to take private property for public
use, one, however, that's been grossly abused over the
years. 

"Public use" would normally mean building court
houses, police stations, military bases and a few
other bona fide public projects, ones that are
supposed to benefit everyone as citizens.  That's what
"public" is supposed to mean in a free society­-I
argued this in my book, Private Rights and Public
Illusions (Transaction Books, 1995).

Nowadays, however, zealous politicians and bureaucrats
have perverted the meaning of the term "public."  Now
what they use it to mean is anything that someone in
government deems to be of benefit to more people than
the owners provide.  Thus, if you own a home­-a
perfectly decent, clean, livable home ­ but the mayor
of your town believes that someone else's having it
would make more money for the city, eminent domain can
now be used to take it and transfer it to another
private owner. Courts throughout the country have been
ambivalent about this, what with the way the idea of
"the public" is used having become terribly ambiguous.
  

Just imagine: You decide that your neighbor's car is
just not being used to its full value, so you take it.
 After all, the neighbor is using it only on and off,
whereas you could make so much better use of it,
driving it all around town, getting all kinds of
worthy things done with it.  Or, say, the neighbor has
a radio but rarely uses it, so you take it because,
well, you would make so much use of it, seeing how you
love listening to music and news and everything. 

The idea, voiced by the various bureaucrats Mike
Wallace interviewed, was no different from this.  They
believed the public would benefit from taking the
property, for redevelopment and such.  Build more
expensive homes that will result in higher property
taxes.  Or give the property to a business that
promises to hire more people who will, then, spend
more money in town and, of course, pay more taxes than
the displaced modest establishment did.

And, mind you, this isn't simply put forth as a
rationale by government officials, people who
certainly rarely show any respect for the right to
private property.  No, other persons, including people
who own businesses, are often completely complicit in
such schemes.  As 60 Minutes showed, an Ace Hardware
store owner was egging on city officials in a town to
take away the property on which someone else was
conducting a perfectly solvent operation.  But because
the existing establishment didn't yield the level of
taxes the new one was likely to, the city should use
eminent domain laws and take it.

What was so clear about the process is how corrupt it
is.  The mayor of one town where eminent domain was
being misused like this openly admitted that the term
"blighted" had been used quite arbitrarily, to mean
nothing more than that they don't want the place there
any longer. So, words can be distorted for the sheer
purpose of getting away with out and out robbery, to
seize property that clearly belongs to someone,
usually for some price the victim does not want.
(Fortunately, the Institute of Justice, a vigilant
organization in Washington, is going after these
eminent domain abusers and standing up for their
victims.) 

I am not sure if any of the politicians and
bureaucrats Wallace managed to expose on his show
realized just how vicious they are in their takings.
But certainly it was a boost to liberty to have the
vicious practice exposed on this venerable television
magazine show.  This may not atone for all the
pro-statism 60 Minutes has carried out over the
years--hailing government regulators of nearly all
professions (other than journalists, of course).  But
it is a good start.

  
 September 30, 2003
 
Tibor Machan is a professor of business ethics and
Western Civilization at Chapman University in Orange,
Calif., and recent co-author of A Primer on Business
Ethics (Rowman & Littlefield, 2002). He is a research
fellow at the Hoover Institution, Stanford University.
 


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