this land is (not your) land

The title of Jonathan Last's review of Carla Main's Bulldozed on eminent domain...

The legal phrase "eminent domain" has become all too familiar to nonlawyers in recent years as the U.S. Supreme Court has gradually expanded the power of municipalities to condemn private property and seize it for "public" use -- even if they just end up handing property over to another private party. The court's now infamous Kelo decision (2005) no doubt pleased the city fathers of New London, Conn., who had taken possession of some residential neighborhoods for the sake of private developers. But it outraged nearly everyone else, not least Susette Kelo, the plaintiff whose home was coveted.

Outrage, appropriately, is the sustained effect of Carla Main's Bulldozed, the case study of another instance of eminent-domain abuse, this time in the working-class town of Freeport, Texas (pop. 13,500), on the Gulf coast. Six years ago, after decades of decline, Freeport decided to revitalize itself by building a private marina on the Old Brazos River, which runs through the center of town. City leaders hoped that the development would attract hotels, restaurants, art galleries and tourists. But to make it all happen, they needed the land of a local family business. "Bulldozed" tells the story of a fight over domain, eminent and otherwise....

From there, Last and Main detail the importance of political connections, lack of competition in bidding, tax abatements, and other "cozy arrangements"-- before wrapping up:

"Bulldozed" is at heart a story about trouble in a small town, a sort of eminent-domain version of "In Cold Blood," although it lacks a satisfying conclusion. In 2003, the Gores and Freeport took one another to court and fought a long, rancorous battle. After a series of defeats, the family was seemingly victorious. Freeport abandoned its plan for a private marina -- only to unveil a plan for a public marina that would also need much of the Gores' land. As "Bulldozed" closes, the two sides are heading back to the courthouse once more.

Two other blog entries on eminent domain: how it harms the poor and a mini-documentary on the topic from Drew Carey and Reason