State Representative Ernest Bailes has pre-filed a bill that will allow property owners to file a complaint with the state over eminent domain misconduct. Bailes said,
The process for landowners to file complaints and express their concerns should be clarified. The power of eminent domain should never be used as a threat, and those who misuse their authority should be held accountable.
It is certainly a good thing to hold entities accountable for misusing eminent domain. But codifying a complaint process doesn’t protect property owners from those who possess eminent domain powers.
Eminent domain forces an owner to sell his property regardless of his own desires. He is not a willing party to the transaction. In principle, forcing an individual to involuntarily give up his property is no different than theft. That the owner receives “just compensation” doesn’t change the fact that he does not consent to the sale.
The right to property means the freedom to create, use, keep, and trade material values. It means the freedom to do with one’s “stuff” as one chooses. Eminent domain is an attack on this freedom.
Clarifying a complaint process does not address the fundamental problem. The problem isn’t misuse of eminent domain. The problem is eminent domain. If we truly want to end the misuse of eminent domain, then we must abolish eminent domain.