Abuse is Rare?

November 07, 2006 | By PACIFIC LEGAL FOUNDATION

by Timothy sandefur

This press release from the "Earth Times," is amazingly misleading. A real estate advisory company claims that eminent domain abuse is "rare," but it includes no actual numbers.

The only research that has been done, of course, is Dana Berliner's outstanding Public Power, Private Gain, and its sequel, Opening The Floodgates; the first points out some 10,000 reported cases of eminent domain being used or threatened for private development in just five years. And the number has skyrocketed in just the year since Kelo was decided.

But rather than cite any specifics at all, Lewis Realty Advisors, which "represents both private property owners and governmental agencies," claims it's rare! That is simply not true. Eminent domain is routinely abused in America. There is an entire industry built up around eminent domain abuse in this country. And Lewis Realty–which is a part of that industry–is embarrassed to admit it.