This is going to be a rather lengthy article, so strap in or move on. I consider the topic to be of utmost concern and a worthy discussion both for business owners and for private citizens.
Bret Baier's interview with Donald Trump touched on the topic of Eminent Domain, and as I heard portions of it replayed on the radio, I had flashbacks to the Kelo v New London case.
Americans today have very few -- if any -- property rights left to them.
Whether the property under discussion is a business, a home, a vehicle, or even your own person, our rights to what we want to do with our property have eroded to the point where we cannot even identify what we're "allowed" to do to them, or with them, without a law degree. The Constitution's Fifth Amendment is most often associated with courtrooms, where Americans are permitted to avoid self-incrimination by invoking their right to remain silent ("plead the Fifth") during all interactions with police and courts. I'm simplifying this concept for brevity's sake, because there is another part to that Amendment which is important for this discussion (in bold below):
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
There are two principles in play here: Government taking your property, and government dictating what you're allowed to do with your property. The founding idea was that government would take your property only if it needed to do so in order to serve a public use, like building a road or a fort. You, as the property owner, would receive 'just compensation' -- commonly understood as 'market value' -- for that property (paid by tax dollars). That definition of public use has morphed into something called public good, which can be defined as politicians see fit to define it. Maybe a public good is served by demolishing the homes of poor people in order to build a shopping mall, on the theory that the tax revenue such a mall would generate for the community would far exceed the tax revenue paid by the poor homeowner. That was the basis for the Kelo decision, and Trump seems to think it's great.
It's not. It's an abomination.
The idea that a person can OWN something is built into the fabric of America, and provides the basis for a great deal of both law and custom. Your home is your sanctuary, your 'castle', and your ownership thereof is supposed to be considered sacrosanct -- police are allowed to enter your home only under specific, proscribed circumstances for that very reason. But now government gets to decide whether you are allowed to keep your home, or whether a more-favored member of a particular constituency should be allowed to have it instead. Can you imagine how this power could be used in the future, if it is permitted to continue unchecked...?
A particular section of Philadelphia is affectionately called the Gayborhood. This is NOT a pejorative, this is a name given by the residents of the area. There are maps, lists of restaurants and stores, and even an app to help you navigate the Gayborhood should you decide to visit. What if some enterprising anti-gay people got together and decided that the land could be put to some 'better' use; got a few politicians together to approve the plan; and, with the power of the courts, moved all of the gay people out? Would that be an acceptable use of Eminent Domain?
That's the danger of allowing government too much power over our property: One day, they may decide that they know how it should be used better than you do, and you won't be able to fight it.
Government ought not be able to take your property except in extraordinary circumstances, and then only for government use (i.e., to build a road or a fort). Government overreach doesn't stop with the taking of your property, as it has quite a lot to say about your own use of that property, too. At its heart, government believes that it has the right to dictate to you what you are and are not allowed to do with your property, or on your property, because government does not believe that you are the owner. Regardless of what the title or deed might say about the subject.
If you think you have the right to dig for oil on property that you 'own' - try that sometime, without permits and licenses and permission. I think the local Sheriff will take you aside for a chat. That means that you are not sovereign over your land; you do not, in actuality, 'own' it - and hence you do not have the right to act as you wish upon it, because it is not your property. The government believes that it owns the property, proven thus by the requirement to apply for permits and licenses for the privilege of drilling for oil. And because these permits and licenses are written forms of permission for you to act in a certain manner, they may be denied or revoked - and their provisions enforced, as the Sheriff will no doubt explain, with the threat of force and/or imprisonment.
You can easily find myriad examples of this sort of governmental tyranny against citizens for daring to act upon 'their' property.
* The U.S. Army Corps of Engineers fined one landowner $300,000 for "destroying" wetlands, because he cleared a backed-up drainage ditch on his property.
* The Fish & Wildlife Service told one landowner he couldn't use 1,000 acres of his property, so the endangered red-cockaded woodpecker could have a place to dwell.
* Another owner was prevented from clearing dry brush near his home to make a firebreak, because it would disturb the Stephens kangaroo rat.
* Building a deck on his house brought one owner a $30,000 fine for casting a shadow on wetlands. A shadow.
Smoking bans are another violation of private property rights. If a person owns a restaurant, it is (supposed to be) his right to decide whether or not he will permit smoking within its walls. If a restaurant owner wishes to permit smoking, he might put up a "Smoking Permitted" sign and let customers decide for themselves whether they wish to enter and patronize the business. Similarly, if an owner declined to permit smoking, he might put up a "No Smoking" sign and let customers decide for themselves on that basis.
A restaurant owner who did not permit smoking would see it as a violation of his property rights if a coalition used the political arena to create legislation forcing him to permit smoking, right? It is no less a violation of property rights the other way around.
Wake up, America. People like Trump are all around you, and you need to understand what they want, and why they want it. Read, research, learn for yourself what property rights ARE, and why you don't have as many as you think you do. Not over your home, your land, your car, or even your body.