From the San Mateo County Times, dated March 6, 2003:

EMINENT DOMAIN DESTROYS BUSINESSES

Eminent domain is the type of government action we don't usually associate with the United States of America.

Here in the land of the free, we hold a bedrock belief in the American Dream: that you can buy yourself a piece of property, start a successful business and prosper under your own power.

However, what if your successful business is smack in the middle of land the state needs for a new expressway? That's why eminent domain exists.

Eminent domain allows a local government to take your hand-earned property for public purposes. Until 1954, those purposes were fairly narrowly defined. But a Supreme Court decision that year (Berman v. Parker) upheld a federal urban renewal program, allowing the US government to take a successful business in the middle of a District of Columbia slum that it wanted to renovate. The government had to pay fair market value, but the property owner was forced to sell even though he didn't want to.

Since then, eminent domain has increasingly been used to favor one type of business (often large chain stores that need huge tracts of land) over others. It may be legal, but that doesn't make it right.

That's exactly what's happening in Redwood City. The city has taken the first steps to buy out six property owners by eminent domain in order to put in a chain store, in this case, a movie theater.

Mike Han, owner of Bonsai Japanese Restaurant on that block, followed the American dream. He's made a living selling raw fish in downtown Redwood City when practically nobody else wanted to be open there at night. Now, under the city's plan, he'll be forcibly booted out so teenagers can come downtown to see Daredevil 2.

Another merchant, who co-owns Paradise Island coffee shop, complains that she was told several years ago that eminent domain would only be used as a last resort. We wonder why it needs to be used at all.

A new cinema building, which already has approval from the City Council, is expected to have restaurants, and presumably a coffee shop as well. Why is Redwood City forcing out local business people in favor of chain stores?

Why can't Redwood City insist that Bonsai and Paradise Island be allowed the opportunity to buy small portions of the gigantic cinema complex? Why can't that concession be part of the contract with the developer? In fact, the developer said the existing businesses would have the opportunity to lease space in the new complex - at rates more than double what they're paying now. Would it be so hard to at least give these few businesses a guaranteed concession on rent?

Remember, this is the same city that forced out a popular hip-hop club, Spanky's, because city officials said it drew large, unruly crowds. Isn't the cinema supposed to draw large crowds?

Redwood City is using the heavy hand of government to choose one business over another, and is favoring national chains over local entrepreneurs. We disapprove.

If the city wants to build its cinema, let it buy the properties rather than take them. Otherwise, where's Daredevil when you really need him?