Eminent Domain creates Homeless Shelters
While hotel owners reap abusive profits, Vermonters are suffering extreme tax hikes, and the housing crisis threatens to bankrupt the state, and homeless people are dying in the streets, we must take emergency measures.
Quoting Karl Grossman on Counterpunch, “The application of the state’s power of “eminent domain” to nuclear power was pioneered in New York State in the 1980s – and was how the completed Shoreham nuclear plant was stopped from opening. That ended the scheme of nuclear promoters to turn Long Island into a “nuclear park” with seven to 11 nuclear plants.
“The Long Island Power Act was passed by New York State in 1985, creating a Long Island Power Authority with the power to seize the assets and stock of the utility behind this nuclear scheme, the Long Island Lighting Company.
“The federal government was gung-ho for Shoreham. The Nuclear Regulatory Commission had approved the start-up of operations at Shoreham, the first of three nuclear plants to be built on that site, and the construction of two more nuclear plants at Jamesport, to be joined by two more there ….
“But by enacting the Long Island Power Act that utilized the state’s power of “eminent domain,” New York State made clear that if LILCO (Long Island Lighting Company) persisted with nuclear power, the state would eliminate it.”
Such use of eminent domain was used In New London, CT in 2005. The city used eminent domain to build a shopping center, which was supposed to benefit the public, transferring the property directly to a construction company. In the case Kelo v New London, 2005, the court upheld the city’s right to develop the economy this way over the rights of the property owner. Historically eminent domain accrues to benefit construction companies pursuing infrastructure projects — water reservoirs, power lines, roadway or other construction of public use. Recently Brattleboro used eminent domain for the western end of the Route 119 bridge. In the 20th century courts applied the concept of “public use” more generally to include economic benefit.
While hotel owners reap abusive profits, Vermonters are suffering extreme tax hikes, and the housing crisis threatens to bankrupt the state, and homeless people are dying in the streets, we must take emergency measures. In 2010 Brattleboro approved the BCS resolution for a legislative study of eminent domain to relieve an economic threat. BCS proposes invoking eminent domain to put hotels and other spaces under government control . (This is already part of BCS’ plans for climate emergency and disaster relief.) Brattleboro can use eminent domain to take the Home Depot property on Putney Road for use as an emergency shelter. Eminent domain can be used to benefit the economy and the public health.
The Town of Brattleboro should use eminent domain to take the former Home Depot on Putney Road for use as an emergency shelter
Yes.
This is The Best Idea I’ve Heard In Ages.
Thank you. Join us. We've done much of the legal work
Thank you. Join us. We’ve done much of the legal work (when we had an attorney) in that previous campaign in 2010. Now we need an attorney, and an economist. And please spread the word, preparing for. a meeting next Wednesday, and for a state-wide application of eminent domain.
see brmse.org
It would be useful
I think the obstacle might be the same as the Selectboard and their attempts at rules for unoccupied buildings. They said at the time that ye Olde Home Depote couldn’t be included because it was part of the overall mall structure and wasn’t an independent building. Since some percentage of the entire mall space is occupied, therefore, the empty spaces are not considered unoccupied. Or something like that.
The question then becomes “can you take PART of an occupied structure via eminent domain?” The Town can condemn a property under certain circumstances. The Town seems to be able to take a bit of someone’s property if needed for a road improvement, for example. Could they take someone’s attached garage or porch?