Eminent Domain

Michelle Peccia

Jim Sullivan

English 100

19 May 2006

This Land is My Land

Eminent domain has become problematic in the State of California. Under the Fifth Amendment, it states, "private property shall not be taken for public use, without just compensation." (Thomas Findlaw). Due to these few words under the Constitution, this law enables city government, in the State of California, the power of eminent domain. Eminent domain is taking property from one owner and transferring it to another, if the State determines that it is in the best interest of the general public. Traditionally, (for the interests of the general public) our local government used their eminent domain authority to build airports, highways, hospitals, reservoirs, schools, and other public projects to eliminate blight (Greenhut). (Blight is a description of a piece of property that is obscene or decaying, causing the property value to go down within a community.) Recently, a bill for a new law was introduced to California's State Constitution, which broadened the definition of "public use," giving the government of California a wider range of eminent domain. This new bill has created a lot of turmoil within the State. There are three reasons why this new bill is bad for California. Firstly, eminent domain creates mental anguish. When a person's property is taken away, the anguish and pain that the victim endures is horrific. Secondly, after property is taken away, the victim is left to figure out where to go next. Eminent domain forces victims to start their lives over, by relocating and redirecting their existence. Thirdly, favorite establishments within a community are being replaced with shopping centers. Eminent domain is responsible for transforming beautiful cities with businesses that are commonly found in nearly every city, throughout the state. In California, local politicians are using their power of eminent domain to increase tax revenues, which is causing a great deal of pain for so many citizens throughout the state.

Many California citizens' are losing family-owned businesses that took years of hard work to establish. Eminent domain is responsible for many heart-wrenching stories. For instance, Ahmed Mesdaq, owner of the Gran Havana Cigar Factory, lost his business to the City of San Diego. Shortly after remodeling his cafÐ"© in the Gas Lamp Quarter, the Afghani immigrant was informed that the City would be seizing his land in order to make way for a Marriott Renaissance Hotel, which would bring more tax revenue into the city. Mr. Mesdaq took his case to court but "eventually quit," saying he was "exhausted physically and financially." For Mr. Mesdaq, his business was his life. "Gran Havana cigar store, which when condemned, was a successful business" (Sandefur 1 & Stolz). In short, it is easy to recognize that eminent domain is more than a simple seizure of property; it is a final seizure of individual rights to ownership. Mr. Mesdaq is mentally and physically distraught from the whole experience. He now has lost sight of his "American dream."

Citizens who fall victim to eminent domain do not know where to go next. The aftermath experience can make a family feel the same as if they were in a disaster. Look what happened to the victims of Hurricane Katrina. Many families were displaced losing their homes, property and neighborhood. They were forced to live with people they did not know and had to find new jobs that might have been beneath their qualifications. Much like these victims, victims of eminent domain suffer similar fates. Take, for instance, Mr. and Mrs. Hongs' experience. Joseph and Yae Hongs operated a successful car rental business along Garden Grove Boulevard. "The company had a ten-year lease on the property and brought in about $2 million a year. The City wanted to build a new shopping center" in place of the car-rental business, which would bring in a considerable amount of tax revenue. "The City offered the Hongs $16,000 for their entire operation" (Sandefur). The Hongs did not want to sell their successful business, so he refused the City's offer. The City condemned the property because the property was now considered blight. The Hongs fought the case in court, running up tens of thousands of dollars in attorneys' fees. They lost their case against the City and were forced to relocate to a less desirable location. The relocation hurt the car rental business and is now no longer in operation (Sandefur). Victims are simply lost when forced to redirect their existence.

Favorite establishment within a community are being replaced with shopping centers. Eminent domain is no longer taking property away for highways and other essential structures needed to improve the city. Eminent domain is now taking away small businesses to build corporate malls and major department stores. For example, the City of Lake Forest, where I grew-up, is currently redeveloping. A few years ago, the Lake Forest City Council decided El Toro Road needed a face-lift. In addition, they sought more revenue through higher taxation. Many family-owned businesses that had been in operation for more than 40 years were taken under "eminent domain" for "public use." Several blocks of businesses were affected by eminent domain, leaving their owners devastated and the community without their favorite establishments. This redevelopment erased the quaint shopping areas where cobblestone walkways used to be shaded by tall old sycamore trees, surrounded by unique shops, and where there were multicultural restaurants with great food at great prices, the type of place where owners and customers knew each other by first name. The face-lift consisted of six blocks of wider sidewalks, with state-of-the-art bus stops, two new extra traffic signals, and one luxurious cement, jungle-type shopping center, for stores such as Home Goods, Home Depot, Johnny Rockets, Orchards, Pet-Smart, Pier 1 Imports, Shoe Pavilion, and Wine Styles, all of which could be found two miles down the road at the mall. The politicians are taking away from the community authenticity of a city to modernize it,