Alabama Eminent Domain Abuse Continues Despite Post Kelo Reforms

University of Alabama History Professor and Chairman of the Alabama State Advisory Committee of the U.S. Commission on Civil Rights, David Beito, has a great op-ed on eminent domain abuse in Alabama, in the Tuscaloosa News(http://www.tuscaloosanews.com/article/20090426/NEWS/904259948).

Although Alabama enacted some of the nations toughest eminent domain laws, following the infamous Kelo case, apparently, some problems still exist. Beito writes:

"What is happening in the cradle of the modern civil rights movement? Jimmy McCall would like to know. 'It was more my dream house,' he laments, 'and the city tore it down...It reminds me of how thy used to mistreat black people in the Old South.' In 1955, Rosa Parks took on the whole system of Jim Crow by refusing to give up her seat on a segregated Montgomery bus. Today, McCall is waging a lonely battle against the same city government for another civil right: the freedom to build a home on his own land....

McCall only earns enough money to build in incremental stages, but eventually his dream home took shape. According to a news story by Benjamin Solomon, the structure had 'the high slanted ceilings, the exposed beams of dark, antique wood. It looks like a charming spacious home in the making.'

But from the outset, the city showed unremitting hostility. He has almos lost count of the roadblocks it threw up includng a citation for keeping the necessary building materials on his own land during the construction process.

More seriously, he was charged under the state blight law, which allows a municipality to designate a building as a 'public nuisance' and then demolish it. Critics have accurately called this 'eminent domain through the back door' and warn that opportunities for abuse are almost limitless. In contrast to the standard eminent domain process, for example, property owners do not have any right to compensation, even in theory....'

This story is another reminder that eminent domain abuse disproportionately affects the poor and minorities. This is primarily true because of a lack of political power to stop government officials from taking property.

Disclaimer: The foregoing is general legal information only and not intended to serve as legal advice or a substitute for legal advice. If you have been injured or damaged due to eminent domain abuse go to www.ContingencyCase.com to see if there is a lawyer or attorney in your local area who is willing to take your case on a contingency fee basis. ContingencyCase.com is an online legal directory that allows Attorneys to advertise their availability to take all kinds of cases on a contingency fee basis (for example personal injury, eminent domain, contract cases, partnership disputes, etc.). Please note there are no guarantees that any attorney or lawyer will take your case. Copyright 2009 ContingencyCase.com – All Rights Reserved.