BALTIMORE (Map, News) - In 2005, the U.S. Supreme Court ruled, in Kelo v. City of New London, that municipal officials could seize well-maintained property for private development projects. Baltimore officials, who had filed a brief arguing that restricting eminent domain power would doom efforts to revitalize the city, applauded.

The decision ignited widespread public outrage, and in response, lawmakers in 42 states, Maryland included, placed new limits on the use of eminent domain for private redevelopment projects. Annapolis passed some of the weakest reforms in the nation, however, and the abuse of eminent domain continues unabated in Baltimore. Indeed, the City Council approved eminent domain authority along the Fells Point waterfront and around the Oldtown Mall last fall.

The lack of real reform stems from the ill-founded fear that protecting property owners might undermine economic development. This concern is misguided, however, as a new study examining three indicators most closely related to economic development — construction jobs, building permits and property tax revenues — demonstrates.

The Institute for Justice compared data from states that added substantial new protections with those that passed none or, like Maryland, passed incomplete reforms. IJ also compared the trends in the economic indicators before and after reform.

Even after controlling for factors that could skew the data (such as a state’s overall employment picture, which influences the number of construction jobs created or lost), we found that reform — even strong reform — had no significant impact on economic development. The same was also true when comparing data before and after reform in each state.

Because jobs, permits and tax data are closely tied to redevelopment, we would expect to see early negative effects of eminent domain reform if, in fact, there were some. But there weren’t. Despite gloomy predictions to the contrary, securing citizens’ property rights does not hinder development.

Concerted efforts by nonprofit, community-development groups have turned around neighborhoods like Patterson Park, property by property, rebuilding and restoring hundreds of old homes — without eminent domain. The University of Maryland acquired enough land to build a new biotech park without condemnation — even building around a widow who refused to sell her home. Once targeted for massive demolitions, neighborhoods like Mount Vernon, Fells Point and Federal Hill have blossomed since residents fought off urban renewal plans.

City leaders point to the Inner Harbor as example of unqualified redevelopment success, but they fail to note that eminent domain and the threat of it contributed to the very conditions — high vacancy rates, deteriorating properties — that the project is said to have alleviated. Indeed, more than 700 businesses were forcibly displaced. Those that replaced them relied heavily on public subsidies. Forty years later, politically favored developers there still receive tax breaks unavailable to other property owners.

Many urban renewal plans failed unequivocally, however. Officials have kept troubled neighborhoods like Park Heights, Coldstream-Homestead-Montebello and Greenmount West under the cloud of condemnation for decades with neither economic development nor blight remediation to show for it.

Instead of stimulating economic development, officials use eminent domain to co-opt it, targeting property in resurgent neighborhoods — where developers spy opportunity — like Poppleton, Pigtown and the west side “Superblock.” In Charles North — home to the tony Charles and Everyman theaters — for instance, officials condemned the Parkway Theater, which was actively being restored, the Chesapeake Restaurant, also being refurbished by its owner, and the Magnet Bar, which the City Paper named Baltimore’s Best Dive Bar in 2005.

Threatened property owners consistently report that key decisions take place behind closed doors. Indeed, the Baltimore Development Corporation, the city’s redevelopment arm, has argued that it is a private entity (with the public power of eminent domain and city attorneys at its disposal) and therefore exempt from open meetings laws. In 2006, Maryland’s highest court ordered the BDC to open its sessions to public scrutiny, but little has changed.

The practice of seizing property from unwilling sellers — and the mere threat of it — imposes a tremendous cost on individuals and families — often longtime residents or small-business owners who weathered the worst of Baltimore’s deindustrialization. Baltimoreans should know that progress does not depend on this injustice. Maryland can reform its laws to protect private property from eminent domain abuse and still welcome economic development.

John K. Ross is a research associate with the Institute for Justice and co-author of Doomsday? No Way: Economic Trends & Post-Kelo Eminent Domain Reform. The report can be found at www.ij.org.

Comments from Examiner Readers

6:54 PM MST on Wed., May. 14, 2008 re: "Antero Pietila: Fells Point�s forgetful NIMBYs"

Freddy in Fells said:
Amen Antiero. Thanks for saying so plainly what many of us are thinking!!!!

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10:57 AM MST on Fri., May. 9, 2008 re: "Michael Beatty: Michael Olesker to join The Baltimore Examiner"

Examiner Reader Nora Rueter said:
Thank you for the article on Hampton in the real estate Fri May9. A picture of our house was featured, and my husband worked so hard on our lawn and yard. It looked GREAT! Hampton is a wonderful community.

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8:36 PM MST on Wed., May. 7, 2008 re: "Jim Smith: LNG: Heavy on risk, light on benefits"

Examiner Reader said:
Jim Smith are you crazy? Do you want the terrorists to win? When you fail to move forward because of the possibility of terrorism --the terrorist win, Jim. Calling them time bombs was a bit much, the vessels are safe and you cannot name one mishap ever, they are in every day use Jim, you know that but you simply cant be truthful-- that is why you continually lose the battle over this LNG plant in court. You and Martin OweMalley tell the residents 1/2 truths and outright lies to make youselves seem caring--- then in court you 1/2 truths and lies dont add up to anything AND you lose. Try the truth to guide you in the future and maybe the big bad LNG wolf wont be as scary to you!

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7:41 AM MST on Wed., May. 7, 2008 re: "Jim Smith: LNG: Heavy on risk, light on benefits"

Examiner Reader said:
I am a resident of Sparrows Point and I voted for Martin Omalley because he said he would stop this LNG plant. Where are you now Martin? Another lie by Martin Omalley and Jim Smith to the citizens of Baltimore County

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9:10 AM MST on Mon., May. 5, 2008 re: "Jay Ambrose: The dangers of a �living Constitution�"

Hobart Goblyn said:
Funny how folks on the right try to use the Constitution to restrict rights, i.e. "strict constitionalism", while on the left try to expand rights with it, a "living document". Let us remember the IX Amendment: "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people". In other words, just because we didn't spell it out, doesn't mean the people are denied those rights. BTW, Jay, "executive privelege" isn't spelled out in the Constitution, but your boy W uses it all the time. Shouldn't we not allow that, either, then? Even comedian Rush Limbaugh hid behind his right to privacy while being investigated for illegal drug use- a right he previouslu said didn't exist in the Constitution. Can't have it both ways when it suits your agenda.

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5:33 AM MST on Fri., May. 2, 2008 re: "Dan Gainor: Delaware opens arms to spurned Marylanders"

Examiner Reader said:
5:36, everyone in Maryland won't move to Delaware, just the very productive and wealthy now having their income confiscated again to buy votes for Liberal tax and spend Democrats who promote class warfare. Productive people don�t need government services, they need less government.

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11:27 AM MST on Thu., May. 1, 2008 re: "Usha Nellore : Just how liberating is black liberation theology for blacks?"

Rev. Mother Meredith Moise said:
With all due respect to the author of this op-ed, you have no idea what you are talking about. Black liberation theology is based on telling truth to power regarding the oppression of Black people. It is about dealing with the past, examining it and deciding to move through the oppression into the light of freedom. Although many may regard Wright's comments as anti American and the like, they represent alot of what Black folks feel right now. Many Black people are angry and for good reason. From slavery to segregation, to unemployment and poverty, the Black community is suffering. You can't heal suffering by ignoring it and wishing it would go away. You must confront, deal with it and heal from it. According to James Cone,founder of Black liberation theology, "What we were trying to do is to show that one can be black and Christian at the same time.That one can love oneself as a black person. And also, in fact, that that's the only way you can learn how to love other people."

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1:42 PM MST on Wed., Apr. 30, 2008 re: "Jay Ambrose: The dangers of a �living Constitution�"

Examiner Reader said:
Ahh, Scalia the Constitutional scholar. He who defended one of the most ill conceived and illogical rulings in Bush v Gore to install the most disastrous president in US history and then tells the 10's millions of people that ruling disenfranchised to get over it. He, who gets judicial insight from the TV Show '24'. He, who claims that torture isn't unconstitutional because it somehow isn't related to imprisonment. That Scalia? True defender of the Constitution.

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1:10 AM MST on Sun., Apr. 27, 2008 re: "Tom Moore: The issue isn�t what she says, but regulating how she says it"

Examiner Reader said:
Tom Moore hosts this lame low-budget AM show in Baltimore. Does anyone even listen to it?? Apparently not. Rush Limbaugh does a better job.

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10:37 PM MST on Tue., Apr. 22, 2008 re: "Paul Shapiro: Give factory farm sows one less reason to suffer"

Examiner Reader said:
Please do a updated 2008 article for everyone regarding Factory Farm Campaigns to help stop the abuse and cruelty of all animals large or small. Thank you.

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8:43 PM MST on Tue., Apr. 22, 2008 re: "Cal Thomas: Freedom is not a natural state"

Examiner Reader said:
Its amazing to me that so many people think that the only people who are patriotic are republicans. That giving freedom to the world is accomplished by taking over another country and enforcing democracy. I was a soldier and I love America. We soldiers were the ones that were willing to lay down our lives for our freedom and the freedom of our children. I am still willing to do so. It is that willingness to sacrifice that allows America to be free, not the press, not the republicans, not democrats; The Americans willing to sacrifice their lives for freedom. This cannot be forced upon another country. Women have the right to vote because they fought for it. African-Americans have the right to vote because they fought for it. If Iraqis are not willing to fight for their own freedom, they don't deserve it and they won't be able to keep it after we leave.

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3:58 PM MST on Thu., Apr. 17, 2008 re: "Usha Nellore : Small-town folks: Do they have small minds?"

Examiner Reader said:
I don't think Americans are bitter as much as they are seeking candidates that actually represent them. Senator Obama is my senator and I wrote him four years ago and asked him, who actually represents us, the citizens of this country. Do you realize that my representative at the time was the Speak of the House, Dennis Hastert. I live in the Illinois 14th congressional district. Do our leaders actually represent us? Or, do they represent special interests and major campaign contributors. It's as if Washington and the press are the directors of the show. Maybe the people in small towns don't want the Bill of Rights tampered with, I fully agree with that. You try and change the second amendment, whats to stop you from trying to change the first amendment. Thats not bitterness, thats common sense. Its unfortunate that Senator Obama felt this basic premise had to be explained in this way for that audience,and maybe the citizens in this country have the right to be a little bitter

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12:44 PM MST on Wed., Apr. 16, 2008 re: "Jay Ambrose: The candidate Obama pretends to be"

Examiner Reader said:
Thank you, European American, but no thanks. I, too, am a European American, as you say, but I am bitter. I am bitter that my country is spiraling out of control. I am bitter that my Second Amendment right to keep and bear arms has been taken from me because I live in a northeastern city. I am bitter that my church is not keeping up with the times. And lastly, I am bitter because my tax dollars are being wasted, not just on wars and silly foreign policies, but by pork-barrel spending and stupid regulations. Yes, I am bitter and I believe a majority of Americans also are bitter. I believe Obama was brave to say we are bitter. When we once clung to our country and our patriotism, our Second Amendment right and our faith are about the only things left for which Americans can believe. I am bitter.

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11:39 AM MST on Wed., Apr. 16, 2008 re: "Jay Ambrose: The candidate Obama pretends to be"

Examiner Reader said:
Regarding "Obama Pretends to Be"...as a European - American I would love to live in a country where an African American could be president. I believe that it would be an indication that this country "has arrived". However, this African American candidate is not the one. As European Americans we are encouraged to espouse empathy toward disenfranchised African Americans. How much empathy does Obama display toward disenfanchised Americans in the heartland? To him they are "bitter, and cling to guns and religion". Isn't that what European Americans say about inner city African American?

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4:44 PM MST on Mon., Apr. 14, 2008 re: "Kevin Zeese and Linda Schade: Two-party choke hold prohibits true democracy"

P. Ackerman, Columbia said:
Amen! Finally someone else who realizes tax money should not be spent on Democratic and Republican beauty contests. Let them pay for their own primaries. Amen! "There are four legal political parties in Maryland, but only two are allowed to have primaries. And those primaries are paid for by taxpayers. Similarly the Board of Elections only includes Democrats and Republicans even though 20 percent of voters are not registered with either party."

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12:26 PM MST on Mon., Apr. 14, 2008 re: "Kevin Zeese and Linda Schade: Two-party choke hold prohibits true democracy"

Mary in Takoma Park said:
Many thanks for the "Two-Party Choke Hold Threatens Democracy" commentary by Linda Schade and Kevin Zeese. How refreshing to hear someone tell the truth about the limits on political freedom in Maryland and the nation! When will voters, especially progressives, wake up and demand to be admitted into the political arena? The 1960s song said "We Won't Get Fooled Again," but so many progressives do get fooled -- again and again. Electoral systems are like personal relationships in that you get what you tolerate. Lip service and tokenism are the best progressive voters will get when they tolerate and vote for Obamas and Clintons who protect corporate America and the military-industrial-congressional complex. Obama talks about "change," but voters who want change are going to have to vote outside the duopoly to get it. The real block to progressivism isn't Republicans -- it's progressives who vote for these Democrats. Progressives, claim your power: vote Green Party!

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11:39 AM MST on Fri., Apr. 11, 2008 re: "D.R. Belz: Going metric, going crazy"

A Regular Reader said:
This article about the metric system made me laugh out loud.

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8:26 AM MST on Fri., Apr. 11, 2008 re: "Dan Gainor: All that green comes straight from your wallet"

Examiner Reader said:
This whole topic is such a hoax. As with all DNC initiatives, it's a tragedy when facts get in the way. But truth be told, we just wrapped up a sun-spot cycle. These cycles include solar flares. The existence of such physics always leads to a higher Earth temperature. What we will see next is a more drastic decrease in temperature than expected. Hence -- and aside from the Baltimore Area, the worst winter in like forever in some eyes.

Stay away from the green cool aide.

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2:44 PM MST on Thu., Apr. 10, 2008 re: "Dan Gainor: All that green comes straight from your wallet"

Examiner Reader said:
Howard County deserves it, for electing an inexperienced Glendening crony who got his job through connections from his bigwig daddy. Howard County must not pay enough to get someone qualified to be County Executive.

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12:08 PM MST on Thu., Apr. 10, 2008 re: "Eric Rozenman: God and girl at Goucher"

Examiner Reader said:
You must have missed Newt Gingrich last year, when your daughter was a senior, and the talks on intelligent design (both sides). There have been quite a variety of speakers at Goucher lately. And the "speaker trained by the terrorist fellow-traveling International Solidarity Movement (who) delivered an anti-Israel rant", well, I think the point of that was to show a diverse view, the other side that is not presented in many colleges. We were able to make our own decision on that talk, being a well-informed community. Goucher promotes freedom of speech and allows students to choose what they want to support based on valued research and classroom discussion. As a journalist, you should recognize the value of anyone's freedoms.

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2:18 PM MST on Mon., Apr. 7, 2008 re: "Officials can�t find cuts? They can start with themselves"

JCT said:
In "Duck Soup" Groucho Marx, as the leader of Freedonia,is told by a cabinet member that the workers are demanding shorter hours. He replies "We'll start by cutting their lunch hour to twenty minutes." But then the state legisalature doesn't consider themselves workers and this isn't Freedonia. At least we have 8 months to recover.

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10:40 AM MST on Mon., Apr. 7, 2008 re: "Officials can�t find cuts? They can start with themselves"

Dunn said:
It like Al Gore... spouting off what has been on PBS for decades, being "Mr. Environment," all the while flying around in private jets. I bet he doesn't even recycle and owns a big house with lots of runoff and energy waste. I still have yet to hear anyone mention that living in the city with already existing infrastructure and housing around mass tranist and existing employment centers is a glaring solution.

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10:31 AM MST on Mon., Apr. 7, 2008 re: "Officials can�t find cuts? They can start with themselves"

Examiner Reader said:
Frank Keegan's editorial is good, but does not go far enough for the accountability of our governments (Federal, State, County, and City) to their respective citizens. The Federal Government passed in 2002 the Sarbanes-Oxley Act that generally rquires corporate CEO's and CFO's to sign a statement that assures investors and shareholders that the internal controls and financial information provided in audited financial statements are reasonably accurate as to the financial condition of the company. I believe that we need a similar ACT for our governments at each level. We, the citizens of each level of government, are the "shareholders" in this government (company). Why should we not expect the same type of "assurance" from our governments as our governments require of the companies that we hold shares in our personal retirement accounts (401K's, IRA's,Roth IRA's, and pension plans. There needs to be MORE ACCOUNTABILITY for the various taxes that we all pay to run the governments.

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9:57 AM MST on Mon., Apr. 7, 2008 re: "Officials can�t find cuts? They can start with themselves"

Reader said:
9:22 They will give up and like it. Whats good for the goose is good for the gander. Smaller houses, no extra vacations, no maid, no food, no feet.

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9:22 AM MST on Mon., Apr. 7, 2008 re: "Officials can�t find cuts? They can start with themselves"

TYNZA'MAE said:
Thank you Frank Keegan for this article. The Headline: Officials cant find cuts?, and I especially like this part-"THEY CAN START WITH THEMSELVES"! Well how about it you people up there at the so called top, gonna give up some those luxuries you've been enjoying????

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9:16 AM MST on Mon., Apr. 7, 2008 re: "Officials can�t find cuts? They can start with themselves"

Tom said: said:
excellent editorial Examiner..these people complain now but their the ones who voted these clowns into office....and to be honest with you, in a couple of years they would have forgotten about all of this, and will re-elect them...........

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8:34 AM MST on Mon., Apr. 7, 2008 re: "Officials can�t find cuts? They can start with themselves"

Juan said:
Oh the humanity! How about anarchy? Start with cutting Clinton out of the race (and her husband).

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7:26 AM MST on Mon., Apr. 7, 2008 re: "Officials can�t find cuts? They can start with themselves"

Examiner Reader said:
Maryland voters get what they vote for, a self-serving democratic party machine. Until some of the fat cats are thrown out of office, nothing will change.

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7:15 AM MST on Mon., Apr. 7, 2008 re: "Officials can�t find cuts? They can start with themselves"

Fridely Wallheimer said:
Frank: You excellent editorial interrupted my game of solitaire. Please save these for weekends. /s/ Loyal State employee.

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6:46 AM MST on Mon., Apr. 7, 2008 re: "Officials can�t find cuts? They can start with themselves"

avid reader said:
Annapolis seems to be full of buttheads.

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6:44 AM MST on Mon., Apr. 7, 2008 re: "Officials can�t find cuts? They can start with themselves"

avid reader said:
As I said before what a bunch of shameful politicians we have in Annapolis doing nothing for the voters of Maryland

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5:41 AM MST on Mon., Apr. 7, 2008 re: "Officials can�t find cuts? They can start with themselves"

Examiner Reader said:
Your rock, Mr. Keegan. But shouldn't we have done this at the beginning of the session instead of on the last day? Maybe Maryland voters will remember for next year.

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5:37 AM MST on Sun., Apr. 6, 2008 re: "Aaron Keith Harris: Obama loses credibility as �uniter�"

Examiner Reader said:
Great article. Amen to that!

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1:20 PM MST on Thu., Apr. 3, 2008 re: "Marc Kilmer: Let consumers make health care choices"

John Greene said:
A voice of reason in Maryland. What a concept. What Marc Kilmer describes in his commentary on letting consumers make their own health care choices is only the tip of the iceberg. There are many creaves and traps with government run heatlh care. Little new technology will be introduced or paid for by the government, including new medicines and other treatments. The entire legislative sessions could be taken up with bills to fix provider reimbursements and raise taxes to pay for all the health care that consumers want to consume. Meanwhile, there will be no incentive to improve lifestyle choices. Wellness programs and management of chronic conditions are where the cost drivers exists. Only a very small percentage of the population uses the majority of resources. We need to figure out how to manage this group better. Maryland's high risk pool is the smartest health care public policy decision in many years, is among the best in the country. Let's continue to improve the private sector.

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5:27 AM MST on Tue., Apr. 1, 2008 re: "Cal Thomas: Conversion: A one-way street?"

Examiner Reader said:
Touche, Cal Thomas! Why is it a provocative act when a Muslim, prominent or not, converts to another religion? Perhaps the reaction of these Islamic organizations, clergy, and spokespeople shines a harsh light on Islam? After all, it took an international outcry last year and the work of diplomats of many nations to save one, poor Afgahni man who converted to Christianity? Thank the Lord that he was saved from imprisonment, torture, and, in all possibility, death!

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2:00 PM MST on Sun., Mar. 30, 2008 re: "D.R. Belz: Going metric, going crazy"

E.T. said:
The message we sent you about the recorded music aboard your Voyager spacecraft was: "Send more Chuck Berry." Re; your Viewpoint of Wednesday, March 26: "Send more D.R. Belz." Very funny stuff.

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11:18 AM MST on Sun., Mar. 30, 2008 re: "Brooke Gunning: Support our Md. Guard"

Cletus Nze said:
It's all very well praising the sacrifices of one's native country's armed forces, but much better to first ensure that they are made ONLY when ABSOLUTELY necessary! This is the best way to show true respect for the armed forces - not funds for monuments, however grandiose, for those of them whose lives are wasted in needless conflicts.

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9:27 AM MST on Sun., Mar. 30, 2008 re: "Dan Gainor: Time to stop the five-ring circus"

Examiner Reader said:
Responding to 'Commentary - Dan Gainor: Time to stop the five-ring circus' For an ignorant 'journalist' like you, the best thing to do is to tune you out. I cut out your commentaty out as a reminder that some shameless people always try to take a moral high ground and accuse others without even get their facts straight. Look at the history of how the native Indians were being treated. Do I need to say more?

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8:55 AM MST on Sun., Mar. 30, 2008 re: "Cal Thomas: Freedom is not a natural state"

Cletus Nze said:
It is difficult to logically justify the assertion that America, as a country, appreciates and values freedom more than any other. This, afterall, is the country were, not too long ago, one of the worst crimes against freedom in the history of mankind was perpetrated. A little humility please!

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11:38 AM MST on Fri., Mar. 28, 2008 re: "Aaron Keith Harris: Obama loses credibility as �uniter�"

JEbright said:
You really have it confused - Obama is a uniter - Wright is a divider - that is why Obama has distanced himself fromm his horrific comments as I'm sure he did when he sat in the pews and heard some of Rev. Wright's troubling remarks - This is simply now a tool that can and unfortunaley will be manipulated by the Clinton/McCain camp and the media who choose to give any further credence to the foolishness, to further discredit Obama - I wish we could get back to how the candidates are going to fix the issues that are of improtance to this country - Obama's skin color or choice of associates tells me nothing about how he's going to fix these issues; However, Clinton's inability to be truthful does tell me that she cannot be trusted and that she will say anything to paint herself in a good light or to back herself out of a corner - I definitely don't want this in the White House - Looks like McCain just might win this nomination...

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12:29 AM MST on Fri., Mar. 28, 2008 re: "Aaron Keith Harris: Obama loses credibility as �uniter�"

C