MrJonno wrote:If 50 or 300 million people are arses there isnt much you can do about it, but if the country needs new houses or an airport I don't see what the point is in asking a few hundred local people in the area where it is be built what they think as the answer is pretty obvious. In the cases of new houses tough no one has a right to determine who their neighbour is, if an airport is going to go through there house or introduce too much noise pollution then they can be compensated but in no scenario should they get a veto on it being built or not
Er, that's already how it works. It's called "eminent domain." In the US, the government may exercise eminent domain over any land it deems necessary for furthering a public use. The sole requirements are that the forcible acquisition be for "public use" and that "just compensation" is paid to the owner.
Unfortunately, our Supreme Court has badly misinterpreted the Fifth Amendment's proscription "nor shall private property be taken for public use, without just compensation" by defining "use" as "benefit," something not intended by the authors or ratifiers of the Constitution.
At the time the Constitution was written, the term "use" was quite specific and was intended to allow the government to acquire private property for parks, roads, public buildings and other actual occupations and uses by the public. But this restrictive authority was illegally broadened by the courts over the years to mean "public benefit," which is a vague and subjective term, rather than "use" which is very specific. This culminated in the Kelo ruling, which authorized a city to seize a group of small homes by force and transfer the land to a developer who promised to build a mall and office space that would enhance city tax revenues. Then the developer went bust, and the homeowners ended up being forced out of their homes for no reason. This so outraged voters in many states that they demanded action by their state legislatures.
As a result, we have governments seizing private property, paying a nominal "just compensation" for the value of the land as it's being used (for example, seizing farmland and paying the value as ag land) only to turn around and give it to a developer for that bargain price in order to "increase tax revenues" by putting the land to a "higher and better use."
This is unconscionable because without the intervention of the government, the developer would have to buy the land from the owner based not on what it was being used for before, but based on its market value for the proposed use, in this case as commercial property. This drastically increases the basic land costs to the developer, so what they do is go to the city and get the city to determine that the land is "blighted" because it's not developed and is "underperforming" from the sales-tax perspective, at which point the city forcibly acquires the land under eminent domain, pays the ag value, sells it to the developer at the ag value rather than forcing the developer to negotiate with the landowner itself to establish a fair-market price for the anticipated use. This cheats the landowner out of his "just compensation."
It got so bad in Colorado that the state passed a law prohibiting the practice of declaring unimproved and agricultural lands "blighted" and it also made it illegal for a government to buy property only to turn it around and sell it to another private agency, which was a way of forcing someone to sell when they didn't want to purely for private benefit.
In short, MrJonno, you're simply wrong again. Local landowners do not necessarily have veto powers over government projects like airports, highways and other "public uses." But they do, and should, have veto powers over PRIVATE development that they don't want to see in their community. If they, as a community, choose NOT TO SELL THEIR LAND to some private developer, that's perfectly appropriate and democratic, because it's their land and nobody other than government should be allowed to force them off their land against their will for private benefit.
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