Abuse of eminent domain

Fighting the good fight

[Reprinted from Issues & Views December 3, 2001]

In our September 24 report, we described the State of Mississippi's attempt to seize land to give to the Nissan Motor Company for a future truck factory to be built near Canton in Madison County. Two families, those of Lonzo Archie and Percy Lee Bouldin, who now live on the property (the Archies since 1941), are fighting to keep their homes and land.

The Institute for Justice, a public interest law firm that is representing the families, accuses the State of Mississippi of abusing its eminent domain authority. Citing clauses in both the U.S. Constitution and the constitution of Mississippi, that permit government to take private property only if it is to be used for "public use" such as a road, bridge or public building, the Institute calls Mississippi's actions against the landowners "blatantly unconstitutional." And states further: "The very reason why the public use clause exists is to prevent the government from taking property from one private owner and giving it to another (often more politically-connected) private party. That is the very thing the state seeks to do in Madison County. In this case, Nissan gets the land, Mississippi taxpayers get the bill, and the residents get the boot."

The state has already granted 1,300 acres of land to Nissan, but the company desires the 27 acres owned by the families that is at the southernmost tip of the project area. The families claim they do not wish to stop the Nissan project, which can go ahead even without their 27 acres.

The Institute cites a New York Times article, in which a Mississippi state official admits that the families' land "is not necessary for the Nissan project," but that his office is pursuing the taking "to save face for the State." Since the state's development agency promised to obtain the entire properties, officials are anxious to follow through, in order to "send a message to other companies" that Mississippi keeps its word.

Scott Bullock, an Institute for Justice attorney, says, "Eminent domain--the power to remove individuals from their homes and land--is one the most awesome and potentially despotic powers of government. State officials take an oath to protect the constitutional rights of individuals like the Archies, but instead what we’re seeing in Mississippi is government by the highest bidder. This naked abuse of government power must be stopped."

A hearing was held on September 25, where the landowners presented their case. No further legal action is expected until early next year.

For more information on this case, visit the website of the Institute for Justice.

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