The Kelo Conceit
posted in City planning, News commentary |It is hard not to gloat over the aftermath of the Supreme Court’s infamous Kelo decision. As the Wall Street Journal pointed out recently, the city of New London, Connecticut spent $78 million condemning people’s homes and bulldozing them away, and the development that was supposed to happen in that area has flopped and looks like it may never take place. (With the help of many supporters, Kelo’s own home was disassembled and moved to a new location.)
Pfizer, the company whose “world-class” research and development offices were driving New London’s plan for condos and other trendy developments, recently merged with another company and has announced it is moving out of New London. As a result, even after the economy recovers, the development that New London wanted to put on Susette Kelo’s neighborhood will probably never happen.
The Supreme Court, of course, said it was perfectly okay for New London to take people’s land and give it to a developer because the city had written a “comprehensive plan” that “it believes will provide appreciable benefits to the community.” This decision gave enormous power to urban planners.
Of course, someone will always say that planners could not have foreseen the recent recession, Pfizer’s merger with another company, or its decision to move out of New London. But that’s the whole point: planners are no better at predicting the future than anyone else, and it was simply wrong for the Supreme Court to give cities power to take people’s property based on a comprehensive plan.
Friedrich Hayek called the idea that government planners could make decisions for us better than the market “the fatal conceit.” It is amazing that there are still people who believe this idea, but if there were not, there would be no need for this blog.
The people who wrote the Bill of Rights were well aware of the dangers of this conceit. They did not guarantee freedom of speech or freedom of the press “provided that freedom does not interfere with comprehensive government plan.” Nor did they say, “nor shall private property be taken for public use, without just compensation unless a city has written an economic development plan concluding that taking that property will benefit the community.”
The painful thing is that New London is far from the first example of planners taking people’s property for “urban renewal” projects that never take place. You can still find neighborhoods in Baltimore, Boston, northern New Jersey, and many other places that look like Berlin in June, 1945, and local residents will tell you that a local urban renewal agency took people’s homes and shut down their businesses to clear the land for redevelopment that never happened. But the Supreme Court pretended that every prior urban-renewal scheme was a complete success.
Nor is it likely that New London or any other city will learn from this. The urban-renewal scam has been cleverly designed so that the cities themselves are not liable for the money they waste. Instead, they create separate urban-renewal agencies that sell bonds that are to be repaid out of taxes on the new development. If the new development never takes place, the agency defaults on the bonds, but the city is not obligated to cover the loss. So the city typically waits until investors forget about the default and then do it all over again.
The political pendulum swings back and forth. Right now it is swinging the other way, but before the excesses of the planners and the politicians who support them put this country into bankruptcy, it will start to swing back. I just hope we remember the lessons this time for a little longer than the last time.




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