Columbia vs the little guy

Glenn Reynolds

It was an important, if not especially proud, moment for Columbia — but it was surely a bigger moment in the lives of those West Harlem business owners, as their property gets taken away to promote the “vision” of what is, in fact, a multibillion-dollar corporation servicing the daughters and sons of the wealthy, the powerful and the connected.

Traditionally, the “public-domain” power was used to acquire property needed for things like roads and bridges. It’s still often defended in those terms, but the “public use” required for such takings has now been interpreted by courts to include pretty much anything the government wants to do with the property — including handing it over to someone else who just happens to be wealthier or better-connected than the original property holder. 

In this case, the government lacks even the weak excuse that the change will boost tax revenues, since — as Megan McArdle of The Atlantic Monthly pointed out — the property is being transferred from taxpaying businesses to a largely non-taxpaying enterprise. 

Part of the American Dream was the expectation that if you started a business, you might go broke but you didn’t have to worry about the government seizing your business on behalf of those with more political juice. That sort of thing was for Third World countries, corrupt kleptocracies where connections mattered more than capability. 

Not anymore. In fact, some of those formerly corrupt Third World countries have started providing stronger protection for private property, as they’ve realized that the more power you give to politicians and their cronies, the less incentive people have to try to succeed through hard work. What’s the point, if you’re at the mercy of the cronies?

We, on the other hand, seem to be moving backward. 

The fact is the powerful and connected — the Bloombergs, the Bollingers, et al — don’t really need strong legal protections. Nobody’s going to take their property anyway. (When’s the last time you heard of a rich guy’s home being condemned?) For those with juice, things seldom get as far as the courts. 

The courts are supposed to be there to protect the rest: The people without the connections, the ones who depend on the rule of law to keep the predators away. 

That protection has never been perfect, of course, but in the area of eminent domain it’s become a sick joke. The message sent is that your property belongs to you — until somebody with more clout wants it for something else, be it a “vision,” or a moneymaking scheme.

KEY FINDINGS:
1. Ivy League payments and entitlements cost taxpayers $41.59 billion over a six-year period (FY2010-FY2015). This is equivalent to $120,000 in government monies, subsidies, & special tax treatment per undergraduate student, or $6.93 billion per year.