Consider a scenario where the local government in your area decides to exercise eminent domain rights over your beloved home in order to construct a road, park, or allow a private developer to take over (similar to the case of Kelo v. New London in 2005).
To make matters worse, you have not been offered any compensation for the fair market value of your home. It feels like you are being given a casual 60-day notice as if you are a mere tenant with no ownership rights. Yet, this is the place where you have invested your savings, built equity, added personal touches to make it a cozy home, and possibly planned to pass it down to your children.
Such sudden land seizures, even with the promise of “just” compensation (as per our Fifth Amendment right), can be emotionally draining. It becomes even more egregious when there is a low (or no) monetary offer, as “just compensation” historically does not always align with the “fair market value.”
Unfortunately, for some individuals today (such as homeowners in Mississippi, Georgia, Georgia again, and South Carolina, among others), this is not just a hypothetical scenario or a thing of the past. It is a harsh reality that has required media attention and ongoing community resistance to combat.
Is it possible for eminent domain seizures to be fair?
Just. Equitable. Impartial. Unbiased. Unprejudiced. Nonpartisan. Nondiscriminatory. Objective. Neutral.
These are all synonyms for “fair,” but in the realm of housing, whether it’s homeownership or renting, there are unspoken expectations that go beyond these words.
In order to have a true understanding of what “fair” means in everyday transactions, there needs to be a shared interpretation of the concept that goes beyond legal jargon or reciting laws and regulations to justify day-to-day operations.
One key aspect of fairness is procedural fairness, which can often be lacking for homeowners facing displacement due to eminent domain seizures.
Prioritizing procedural fairness
Procedural fairness, also known as procedural justice, pertains to the fairness of the processes and methods used to make decisions and resolve conflicts.
Essential components of procedural fairness include:
Transparency: The decision-making processes and criteria should be transparent to all parties involved in the real estate deal. This includes disclosing how decisions are made and on what basis. Homeowners should not be left in the dark about their property being seized, as seen in instances like the one in New Jersey.
Consistency: Procedures should be consistently applied across similar cases to prevent arbitrary decisions and ensure uniform treatment of comparable situations.
Impartiality: Decision makers should remain neutral and unbiased, avoiding personal interests or favoritism towards any party involved.
Right to be heard: Affected individuals should have the opportunity to present their perspectives and evidence, including filing complaints with management if necessary.
Right to legal representation: People should have access to legal advice during decision-making processes and should not be pressured to sign anything without consulting legal counsel.
Reasoned decisions: Decisions should be supported by evidence, and the rationale behind them should be clearly articulated to affected homeowners.
Review and appeal: Mechanisms should be in place for reviewing and appealing decisions to rectify errors and ensure accountability in the decision-making process.
Being forced to sell your home unexpectedly, especially without adequate compensation, can be distressing. While legislative reforms are underway to address these issues, proactive measures can also be implemented by housing practitioners to prioritize procedural fairness. Additionally, grassroots advocacy guides are available to support community members in such situations.
This article does not necessarily reflect the views of HousingWire’s editorial department and its owners.
To contact the editor responsible for this piece: [email protected]
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