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Crazy
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Using eminent domain to take church-owned property
The Supreme Court is about to consider a major case that could decide if and how local governments can seize properties owned by religious groups in order to promote economic development. Obviously, there are some strong voices for and against the idea. What do you think should be done?
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The US Supreme Court is preparing to hear arguments on eminent domain next week in Kelo v. City of New London (Conn.).
"The exact issue before the court is, can you condemn property solely to generate taxes and create jobs. If the court rules that you can't, it will protect churches. Otherwise, churches will be in grave danger," says Dana Berliner, attorney at the Institute for Justice, the law firm representing property owners in the Kelo case.
In recent decades, synagogues, churches, temples, and mosques have run into difficulty on zoning and land-use matters as municipalities, with tightening budgets, grew more reluctant to support tax-exempt uses within their boundaries. The problem became so widespread that Congress passed a law in 2000 requiring munici-palities to demonstrate a compelling reason for denying permits to houses of worship. Now some say the Supreme Court could open another path to interfering with religious expression.
The Becket Fund for Religious Liberty, which represents faith groups in zoning and landuse cases, filed an amicus brief in the Kelo case, arguing that such groups would be "singularly vulnerable to being taken" by eminent domain if the court sides with the city.
"Any commercial use is likely to be preferred over a religious use," says Jared Leland, legal counsel at the Becket Fund. "To be able to practice your faith, you need a place to congregate and worship."
Just ask the Rev. Fred Jenkins, pastor of St. Luke's Pentecostal Church in North Hempstead, N.Y. While holding services in a rented basement, his small congregation saved money for a church for more than a decade. In 1997, St. Luke's bought a downtown property with a partially built church they intended to complete. They sought a building permit and parking variance, drew up construction plans, and borrowed money to finish the project.
"Then they sprang the eminent domain law on us," the pastor says. The local development agency condemned the property for retail development. St. Luke's soon learned the property had been targeted for redevelopment back in 1994, but no one told them as they went through the purchase and planning process. The church has been demolished and the property added to other parcels that are part of a downtown renewal project involving housing, a supermarket, and a bank. North Hempstead held the groundbreaking. While others in the Long Island community are delighted to get the boost for the neglected suburban area, St. Luke's is struggling to survive.
"This has been devastating for our church. Some people have left town and our membership has dropped off," says Mr. Jenkins. "We're still renting the basement and also having to pay off the mortgage for the church building."
The government offered the congregation $80,000 for the property, $50,000 less than they paid for it. St. Luke's is litigating for a fair value for the property. "We spent a lot of money getting prepared for construction, and it was unfair not to have said anything to us," Jenkins says.
The Fifth Amendment to the US Constitution does allow governments to take property for public use - traditionally roads, schools, and parks. A half century ago, the use of eminent domain was expanded to include condemning blighted areas for redevelopment purposes. In recent decades, many citizens are decrying municipal actions to take property for economic development that might yield higher tax revenues than current uses.
In its brief in the Kelo case, the National League of Cities says that eminent domain is "often indispensable for revitalizing local economies, creating much-needed jobs, and generating revenue that enables cities to provide essential services."
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The question is which direction the court will go in Kelo and what impact it might have on such cases. Some expect new limits on government power. A landmark ruling on eminent domain at the state level - used for 20 years as precedent in many cases, including by the state court in Kelo - was reversed by the Michigan Supreme Court just six months ago.
In the 1983 decision in Poletown v. City of Detroit, the Michigan court approved the taking of 500 acres to sell to General Motors for a plant. Hundreds of homes and businesses and six churches were condemned. In July 2004, the court called the Poletown decision "a radical departure from constitutional principles" and overturned it in County of Wayne v. Hathcock.
"If one's ownership of private property is forever subject to the government's determination that another private party would put one's land to better use, then the ownership of real property is perpetually threatened by the expansion plans of any large discount retailer, mega-store or the like," the court said.
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http://csmonitor.com/2005/0216/p15s01-lire.html |