American Dream

In a five-to-four ruling, Washington state's supreme court refused to overturn the condemnation of someone's land for a train station. Sound Transit, the agency responsible for Seattle's light-rail boondoggle, wanted someone's land for a commuter rail station. The agency held a public hearing on the condemnation, but the only notice of the hearing was an agenda posted on the agency's web site. Thus, the landowners had no idea their land was being considered for condemnation until it was too late.

Washington state law requires prior notification, which is usually given by posting notices in local newspapers and on signs around the property being considered for condemnation. But the supreme court said a web site notification was sufficient.

Majority and dissenting opnions are both available on the web.

Opponents of eminent domain have so far focused legislation on the taking of private property to give or sell to another private party. But as more cities build rail lines that few people will ride, we are going to see more condemnation cases oriented around taking people's land so the transit agency can subsidize high-density development around the rail stations. People who care about property rights should consider legislation against this use of eminent domain as well.