FINAL_FY14_Eminent-Domain-Report

8 The Civil Rights Implications of Eminent Domain Abuseof the use of eminent domain were paying more rent—averaging almost double the amount—at theirnew residences, Mr. Shelton said. 47Mr. Shelton indicated that destabilization of organized minority communities will likely result whenlocal governments exercise the takings clause in areas with significant racial and ethnic populations. Thedispersion of relocated minority families undermines their community support mechanisms, weakenscommunity leaders’ existing political power, and hinders efforts to further build community strength. 48The threat of such takings undermines efforts—financial and otherwise—to build up these communities.According to Mr. Shelton, too many communities—racial and ethnic minorities, the elderly, and thosewith low incomes—have witnessed an often devastating abuse of eminent domain powers. 49On behalf of the NAACP, Mr. Shelton urged that legislators, administrators, and others listen toconcerns about eminent domain abuse, hear the voices of “segments of our population that have too longbeen muted,” 50 and learn how eminent domain use for economic development or removal of blightexploits these communities. He added that the NAACP has concerns that eminent domain imposed forany purpose, including traditional public uses for highways, utilities, and waste disposal,disproportionately burdens communities with the least political power: the poor, racial and ethnicminorities, and working-class families. Furthermore, not just owners, but renters—both residents andsmall-business proprietors—suffer from the use of eminent domain and seldom receive any protectionsor payments. 51Mr. Shelton explained that the application of eminent domain must require processes that protect racialand ethnic minorities and low-income communities. He recommended to legislators and administratorsthat these procedures: (1) be open and transparent and guarantee the full participation of any affectedcommunities; (2) provide fair compensation covering replacement costs for the takings, not just theappraisal value, so that those displaced are not worse off; and (3) ensure compensation for businesslosses on the basis of the length of time an enterprise has been located there. 52 According to Mr. Shelton,NAACP’s supporters believe that all American communities deserve these protections. In conclusion,Mr. Shelton offered that, “the NAACP stands ready to work with the federal, state, and local municipalofficials to develop policy and legislation to end eminent domain abuse.” 53________________________(cont'd from previous page)46 See Herbert J. Gans, The Urban Villagers: Group and Class in the Life of Italian Americans, (The Free Press, 1982), p.380.47 Shelton Testimony, Briefing Transcript, pp. 31-32.48 Ibid., p. 32.49 Ibid., pp. 32-33.50 Ibid., p. 33.51 Ibid., pp. 33-34.52 Ibid., pp. 33-34.53 Ibid., pp. 34-35.