Administration Pressure Building On Local Governments To Use Eminent Domain In Flood Zones
The federal government is giving local officials nationwide a painful choice: Agree to use eminent domain to force people out of flood-prone homes, or forfeit a shot at federal money they need to combat climate change.
That choice, part of an effort by the Army Corps of Engineers to protect people from disasters, is facing officials from the Florida Keys to the New Jersey coast, including Miami, Charleston, S.C., and Selma, Ala. Local governments seeking federal money to help people leave flood zones must first commit to push out people who refuse to move.
In one city in the heartland, the letters have already started going out. Last year, Giovanni Rodriguez, whose white midcentury house backs onto a creek in the southern suburbs of Nashville, got a letter saying his home is eligible for participation in a floodplain home buyout program. The surprise came a few lines lower: If necessary, the city would acquire properties through the use of eminent domain. Mr. Rodriguez, a 39-year-old freelance musician and composer of funk, R&B and Latin jazz, said he had no interest in selling at least not for what the city is offering, which he said wasnt much more than the $188,500 he paid for the home in 2013. I would lose this house that I love, he said.
Eminent domain the governments authority to take private property, with compensation, for public use has long been viewed as too blunt a tool for getting people out of disaster-prone areas. It has a controversial history: Local governments have used it to tear down African-American neighborhoods, as well as to build freeways and other projects over residents objections. Even when the purpose of eminent domain is seen as legitimate, elected officials are generally loathe to evict people. Still, in a sign of how serious the threat of climate change has become, some local governments have told the Corps they will do so if necessary, according to documents obtained through public records requests and interviews with officials. Other cities have yet to decide, saying they feel torn between two bad options.
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https://www.nytimes.com/2020/03/11/climate/government-land-eviction-floods.html